Commonwealth Numbered Regulations

1994 No. 463 FEDERAL COURT RULES (AMENDMENT) - REG 7

7.1 After Order 52B, insert:

"ORDER 52C-APPEALS AGAINST DEPARTURE PROHIBITION ORDERS
UNDER TAXATION ADMINISTRATION ACT 1953 Interpretation

"1. (1) In this Order, unless the contrary intention appears:
'appeal' means an appeal against a departure prohibition order;
' Taxation Administration Act' means the Taxation Administration Act 1953.

"(2) Unless the contrary intention appears, expressions used in this Order
that are defined for the purposes of Part IVA of the Taxation Administration 
Act have the same meaning in this Order as they have in that Part. Application
of Order 52A

"2. Subject to this Order and to any other law of the Commonwealth, Order 52A
rules 1, 4, 5, 13 and 14 apply to an appeal. Commencement of appeals

"3. (1) An appeal must be commenced by filing an application in accordance
with subrule 1 (1) of Order 4.

"(2) The person filing the application is to be the applicant and the
Commissioner is to be the respondent.

"(3) Rules 4, 5, 7, 8, 10, 11, 13 and 14 of Order 4 apply to an appeal, with
any appropriate changes and subject to any direction of the Court or a Judge.

"(4) An application must be in accordance with Form 55DA.

"(5) The applicant must serve a sealed copy of the application on the
Commissioner at the office of the Australian Government Solicitor situated in
the district of the Registry in which the departure prohibition order was
made.

"(6) The date fixed for the directions hearing must be a date not later than
21 days after filing of the application, unless the parties agree to a later
date. Documents to be filed and served by the Commissioner

"4. Within 14 days after a sealed copy of the application is served on the
Commissioner, the Commissioner must:

   (a)  file:

        (i)    any document on which the Commissioner relied in making the
               departure prohibition order; and

        (ii)   any other document in the Commissioner's possession or under
               the Commissioner's control that is relevant to the appeal; and

   (b)  serve on the applicant a list of documents filed under subparagraphs
        (a) (i) and (ii). Notice of setting down for hearing

"5. (1) The Registrar must advise the applicant in writing of the date, time
and place of the hearing as soon as practicable after an appeal is set down
for hearing.

"(2) Within 7 days after the date of receipt of the Registrar's advice, the
applicant must file in the Registry a notice in accordance with Form 55E and
serve a copy on the respondent.".