77Effect of review proceedings on decision being reviewed

77 Effect of review proceedings on decision being reviewed

[Section 77 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The commencement of proceedings for the review by the Tribunal of a reviewable decision does not affect the operation of the decision or prevent the taking of action to implement the decision unless –

(a) the relevant Act states otherwise; or

(b) an order is made under subsection (2) .

(2)  On or after the commencement of proceedings for the review by the Tribunal of a reviewable decision, the Tribunal or the decision-maker may, on application or on the Tribunal’s or the decision-maker’s own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the reviewable decision –

(a) pending the determination of the matter; or

(b) until such time (whether before or after the determination of the matter) as the Tribunal or the decision-maker specifies, if at all, in the order –

if the Tribunal, or the decision-maker, respectively, is satisfied that it is just and reasonable in the circumstances to make the order.

(3)  An order by the Tribunal, or the decision-maker, under subsection (2)  –

(a) is subject to the conditions, if any, that are specified in the order; and

(b) may be varied or revoked –

(i) in any case – by further order of the Tribunal; or

(ii) if the order was made by the decision-maker – by further order by the decision-maker or the Tribunal.