sec.190Stay of operation of seizure decision or forfeiture decision

sec.190 Stay of operation of seizure decision or forfeiture decision

This section applies in relation to an original decision if— the decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or the decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 . The applicant for the internal review or the appellant for the appeal may immediately apply to the court for a stay of the operation of the original decision. The court may, by order, stay the operation of the original decision to secure the effectiveness of— if subsection (1) (a) applies in relation to the decision— the internal review of the decision under division 2 ; or any later appeal against the decision under division 5 ; or if subsection (1) (b) applies in relation to the decision—the appeal against the decision under division 5 . The court may stay the operation of the original decision on conditions the court considers appropriate. The stay operates for the period decided by the court. However, the period of the stay must not extend past the time when the court decides the appeal. s 190 sub 2025 No. 21 s 27 (sec.190-ssec.1) This section applies in relation to an original decision if— the decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or the decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 . (sec.190-ssec.2) The applicant for the internal review or the appellant for the appeal may immediately apply to the court for a stay of the operation of the original decision. (sec.190-ssec.3) The court may, by order, stay the operation of the original decision to secure the effectiveness of— if subsection (1) (a) applies in relation to the decision— the internal review of the decision under division 2 ; or any later appeal against the decision under division 5 ; or if subsection (1) (b) applies in relation to the decision—the appeal against the decision under division 5 . (sec.190-ssec.4) The court may stay the operation of the original decision on conditions the court considers appropriate. (sec.190-ssec.5) The stay operates for the period decided by the court. (sec.190-ssec.6) However, the period of the stay must not extend past the time when the court decides the appeal.

• (a) the decision is a seizure decision or forfeiture decision and an application for an internal review of the decision is made under division 2 ; or
• (b) the decision is a forfeiture decision to which division 2 does not apply and an appeal against the decision is started under division 5 .
• (a) if subsection (1) (a) applies in relation to the decision— (i) the internal review of the decision under division 2 ; or (ii) any later appeal against the decision under division 5 ; or