286Stay of proceedings for the recovery of unit shortfall charge or late payment penalty

#### 286 Stay of proceedings for the recovery of unit shortfall charge or late payment penalty Scope (1) This section applies if: (a) proceedings for the recovery of either of the following amounts are before a court: (i) an amount of unit shortfall charge; (ii) an amount under section 135; and (b) in the proceedings, it is alleged that a person had a unit shortfall for an eligible financial year; and (c) the Regulator has made an assessment under section 141 of the unit shortfall; and (d) any of the following subparagraphs applies: (i) a decision to make, to amend, or to refuse to amend, the assessment is being reconsidered by the Regulator under section 283; (ii) a decision to make, to amend, or to refuse to amend, the assessment has been affirmed or varied by the Regulator under section 283, and the decision as so affirmed or varied is the subject of an application for review by the Administrative Appeals Tribunal; (iii) a decision to make, to amend, or to refuse to amend, the assessment is the subject of an application for review by the Administrative Appeals Tribunal. Stay of proceedings (2) The court may stay the proceedings until: (a) if subparagraph (1)(d)(i) applies—the Regulator notifies the applicant for reconsideration of the Regulator’s decision on the reconsideration; or (b) if subparagraph (1)(d)(ii) or (iii) applies—the review by the Administrative Appeals Tribunal (including any court proceedings arising out of the review) has been finalised. (3) This section does not limit the power of: (a) a court; or (b) a Judge; or (c) a magistrate; under any other law to order a stay of proceedings.