South Australian Numbered Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 36

36—Effect of review proceedings on decision being reviewed

        (1)         The commencement of proceedings for the review of a 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 of a decision, the Tribunal or the decision-maker may, on application or on its own initiative, make an order staying or varying the operation or the implementation of the whole or a part of the reviewable decision pending the determination of the matter, or until such time (whether before or after the determination of the matter) as the Tribunal or the decision-maker may specify, if the Tribunal, or the decision-maker, 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 this section—

            (a)         is subject to such conditions as 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.



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