Section sec.175 - Mining and Quarrying Safety and Health Act 1999 - Stay of operation of directive

sec.175Stay of operation of directive

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### sec.175 Stay of operation of directive If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive. The court may stay the directive to secure the effectiveness of the review and any later appeal to the court. A stay— may be given on 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 chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision. An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed. However, a directive under section 160 (2) (a) must not be stayed. s 175 amd 2024 No. 34 s 192 (sec.175-ssec.1) If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive. (sec.175-ssec.2) The court may stay the directive to secure the effectiveness of the review and any later appeal to the court. (sec.175-ssec.3) A stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court. (sec.175-ssec.4) The period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision. (sec.175-ssec.5) An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed. (sec.175-ssec.6) However, a directive under section 160 (2) (a) must not be stayed. - (a) may be given on 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.