26Effect of original decision pending review

26 Effect of original decision pending review

(1)  Subject to subsection (2) , the beginning of proceedings for review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2)  Subsection (1) does not apply in relation to proceedings if –

(a) the referring Act to which the proceedings relate provides otherwise; or

(b) the Tribunal makes an order under subsection (3) .

(3)  The Tribunal may make an order staying the operation of a decision to which an application under this Act relates.

(4)  The Tribunal may make an order under subsection (3) on the application of a party to the proceedings or on the Tribunal's own initiative.

(5)  The Tribunal may make an order under subsection (3) whether or not it has given any person whose interests may be affected by the order the opportunity to be heard.

(6)  In making an order under subsection (3) , the Tribunal –

(a) may require any undertaking as to costs that it considers appropriate; and

(b) may make provision for the lifting of the order if conditions specified in the order are met or are not met.

(7)  The Tribunal may assess any costs referred to in subsection (6)(a) .