Australian Capital Territory Numbered Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 (NO. 35 OF 2008) - SECT 53

Interim orders

    (1)     This section applies if, before the hearing of an application—

        (a)     a party to the application applies to the tribunal for an order under this section; and

        (b)     the tribunal is satisfied that, if an order under this section were not made before the hearing of the application, the party applying for the order would be disadvantaged or suffer harm.

    (2)     The tribunal may make any order (an interim order ) it considers appropriate to protect the position of the party that applied for the order.

Note     The tribunal must observe natural justice and procedural fairness (see s 7).

    (3)     An interim order remains in force until the earliest of the following happens:

        (a)     the end of 12 weeks after the day the order is made;

        (b)     the tribunal orders otherwise;

        (c)     the tribunal makes an order at the end of the hearing to which the interim order relates.

    (4)     The tribunal may, on application by a party while an interim order is in force—

        (a)     vary the order; or

        (b)     revoke the order; or

        (c)     extend the order for a further 14 days.

    (5)     If the person against whom an interim order is made is not present when the order is made, the registrar must arrange for a copy of the order to be served on the person as soon as practicable after the order is made.



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