CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10A - EXTERNAL DISPUTE RESOLUTION  

Division 3 - Additional provisions relating to superannuation complaints  

Subdivision E - Appeals to the Federal Court  

SECTION 1057A   OPERATION AND IMPLEMENTATION OF DETERMINATION THAT IS SUBJECT TO APPEAL  

1057A(1)  
Subject to this section, the institution of an appeal to the Federal Court from AFCA ' s determination of a superannuation complaint does not affect the operation of the determination or prevent the taking of action to implement the determination.

1057A(2)  
If an appeal is brought to the Federal Court from the determination, 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:


(a) the determination or a part of the determination;


(b) if the complaint relates to a decision of another person - the whole or part of the decision that is complained of, or of a decision of an insurer or other person who is a party to the complaint;

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

1057A(3)  
If an order is in force under subsection (2) (including an order that has previously been varied on one or more occasions under this subsection), the Court or a Judge of the Court may make an order varying or revoking the first-mentioned order.

1057A(4)  
An order in force under subsection (2) (including an order that has previously been varied on one or more occasions under subsection (3)):


(a) is subject to such conditions as are specified in the order; and


(b) has effect until:


(i) if a period for the operation of the order is specified in the order - the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

(ii) if no period is so specified - the giving of a decision on the appeal.

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