review (1) Subject to this section, applying to the Panel under
section 656A for review of an ASIC decision does not:
- (a)
- affect the
operation of the decision; or
- (b)
- prevent the taking of action to implement the decision.
(2) On application by a party to the proceedings before the Panel, the Panel
may:
- (a)
- make an order staying, or otherwise affecting the operation or
implementation of, the whole or a part of the decision if the Panel considers
that:
- (i)
- it is desirable to make the order after taking into account the interests
of any person who may be affected by the review; and
- (ii)
- the order is appropriate for the purpose of securing the effectiveness of
the hearing and determination of the application for review; or
- (b)
- make an order varying or revoking an order made under paragraph (a)
(including an order that has previously been varied on one or more occasions
under this paragraph).
(3) Subject to subsection (4), the Panel must not:
- (a)
- make an order
under paragraph (2)(a) unless ASIC has been given a reasonable
opportunity to make a submission to the Panel in relation to the matter; or
- (b)
- make an order under paragraph (2)(b) unless:
- (i)
- ASIC; and
- (ii)
- the person who requested the making of the order under
paragraph (2)(a); and
- (iii)
- if the order under paragraph (2)(a) has previously been varied by
an order or orders under paragraph (2)(b)the person or persons who
applied for the last-mentioned order or orders;
have been given a reasonable opportunity to make submissions to the Panel in
relation to the matter.
(4) Subsection (3) does not prohibit the Panel from making an order
without giving to a person referred to in that subsection a reasonable
opportunity to make a submission to the Panel in relation to a matter if the
Panel is satisfied that, by reason of the urgency of the case or otherwise, it
is not practicable to give that person such an opportunity. If an order is so
made without giving such an opportunity to ASIC, the order does not come into
operation until a notice setting out the terms of the order is served on ASIC.
(5) An order in force under paragraph (2)(a) (including an order that has
previously been varied on one or more occasions under paragraph (2)(b)):
- (a)
- is subject to the conditions that are specified in the order; and
- (b)
- has effect until:
- (i)
- if a period for the operation of the order is specified in the
orderthe end of that period or, if the application for review is decided
by the Panel before the end of that period, the decision of the Panel on the
application for review comes into operation; or
- (ii)
- if a period for the operation of the order is not specified in the
orderthe decision of the Panel on the application for review comes into
operation.
Subdivision BUnacceptable circumstances