Commerce Act 1986

Enforcement, remedies, and appeals - Appeals from determinations of Commission

95: Provisions pending determination of appeal

You could also call this:

"What happens to a decision while you're waiting for an appeal to be decided"

Illustration for Commerce Act 1986

If you appeal a decision made by the Commission, the decision still applies until the appeal is finished, unless a court says otherwise. You can think of an appeal like asking a higher authority to review a decision you don't agree with. The Commission is a group of people who make decisions about certain things.

If the Commission made a decision under a specific part of the law, called section 52P, and you appeal that decision under section 91(1) or (1B), the court cannot stop that decision from being applied while the appeal is happening. This means the decision made by the Commission will still apply even while you are waiting for the appeal to be decided. The court's role is to make sure the law is applied fairly.

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Part 6Enforcement, remedies, and appeals
Appeals from determinations of Commission

95Provisions pending determination of appeal

  1. Where an appeal is brought under any provision of this Part against any determination of the Commission, the determination to which the appeal relates shall remain in full force pending the determination of the appeal, unless the court orders to the contrary.

  2. However, the court may not stay the application of a determination made under section 52P in respect of which an appeal is brought under section 91(1) or (1B) .

Notes
  • Section 95(2): added, on , by section 20 of the Commerce Amendment Act 2008 (2008 No 70).