Section sec.245 - Coal Mining Safety and Health Act 1999 - Stay of operation of directive or review decision

sec.245Stay of operation of directive or review decision

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### sec.245 Stay of operation of directive or review decision The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal. A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court. The period of a stay must not extend past the time when the court decides the appeal. An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed. However, the following must not be stayed— a directive by the chief inspector under section 163 (2) (a) ; a review decision about a directive given by another person under section 163 (2) (a) . s 245 amd 2024 No. 34 s 84 (sec.245-ssec.1) The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal. (sec.245-ssec.2) A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court. (sec.245-ssec.3) The period of a stay must not extend past the time when the court decides the appeal. (sec.245-ssec.4) An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed. (sec.245-ssec.5) However, the following must not be stayed— a directive by the chief inspector under section 163 (2) (a) ; a review decision about a directive given by another person under section 163 (2) (a) . - (a) may be given on the conditions the court considers appropriate; and - (b) operates for the period fixed by the court; and - (c) may be revoked or amended by the court. - (a) a directive by the chief inspector under section 163 (2) (a) ; - (b) a review decision about a directive given by another person under section 163 (2) (a) .