Superannuation Industry (Supervision) Legislation Amendment Act 1995 (144 of 1995)

Schedule 5   AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

75   Subsection 47(2)

Omit the subsection, substitute:

"(2) If:

(a) an appeal is brought to the Federal Court from a determination of the Tribunal; and

(b) the Tribunal's determination was made as a result of a complaint under section 14;

the Court or a Judge of the Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:

(c) the determination of the Tribunal or a part of that determination;

(d) the whole or part of the trustee's decision that is complained of or of a decision of an insurer or other decision-maker who is a party to the complaint;

as the Court thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.

"(2A) If:

(a) an appeal is brought to the Federal Court from a determination of the Tribunal; and

(b) the Tribunal's determination was made as a result of a complaint under section 14A or 15A;

the Court or a Judge of the Court may make such order or orders staying or otherwise affecting the operation of implementation of the determination as the Court or Judge thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.

"(2B) If:

(a) an appeal is brought to the Federal Court from a determination of the Tribunal; and

(b) the Tribunal's determination was made as a result of a complaint under section 15B;

the Court or a Judge of the Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:

(c) the determination of the Tribunal or a part of that determination;

(d) the whole or part of the insurer's decision that is complained of;

as the Court thinks appropriate to secure the effectiveness of the hearing and determination of the appeal.".