s. 44 exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined. (3A) Despite subsection (2), the Minister is not S. 44(3A) inserted by prevented from taking the action specified in No. 77/2013 subsection (2)(a) or (b) after the end of the appeal s. 10(1), amended by period but before the final determination of an No. 55/2014 application under section 49, 51 or 53 for an s. 32(5)(a). exclusion order or an application under section 40A for a section 40B exclusion order unless— (a) the application has been made— (i) within the period referred to in S. 44(3A)(a)(i) amended by section 49(2), 51(2), 53(2) or 40A(2) No. 55/2014 (as the case may be); or s. 32(5)(b). (ii) after that period, with the leave of the S. 44(3A)(a)(ii) amended by court granted under section 49(3), No. 55/2014 51(3), 53(3) or 40A(3) (as the case may s. 32(5)(c). be); or (b) in the case of an application that has been S. 44(3A)(b) amended by made pursuant to leave granted under No. 55/2014 section 40A(4), 51(4) or 53(4) (as the case s. 32(5)(d). may be)—the leave was granted prior to the disposal of the property. (3B) Despite subsection (2), the Minister is not S. 44(3B) inserted by prevented from taking action specified in No. 79/2014 subsection (2)(a) or (b) after the end of the appeal s. 20(4). period but before the final determination of an application under section 40ZC for a section 40ZD exclusion order unless the application was made within the period referred to in section 40ZC(2)(b).
exclusion order or, if such an appeal is lodged, when the appeal is abandoned or finally determined. S. 44(3A) inserted by No. 77/2013 s. 10(1), amended by No. 55/2014 s. 32(5)(a). (3A) Despite subsection (2), the Minister is not prevented from taking the action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 49, 51 or 53 for an exclusion order or an application under section 40A for a section 40B exclusion order unless— (a) the application has been made— S. 44(3A)(a)(i) amended by No. 55/2014 s. 32(5)(b). (i) within the period referred to in section 49(2), 51(2), 53(2) or 40A(2) (as the case may be); or S. 44(3A)(a)(ii) amended by No. 55/2014 s. 32(5)(c). (ii) after that period, with the leave of the court granted under section 49(3), 51(3), 53(3) or 40A(3) (as the case may be); or s. 44 S. 44(3A)(b) amended by No. 55/2014 s. 32(5)(d). (b) in the case of an application that has been made pursuant to leave granted under section 40A(4), 51(4) or 53(4) (as the case may be)—the leave was granted prior to the disposal of the property. S. 44(3B) inserted by No. 79/2014 s. 20(4). (3B) Despite subsection (2), the Minister is not prevented from taking action specified in subsection (2)(a) or (b) after the end of the appeal period but before the final determination of an application under section 40ZC for a section 40ZD exclusion order unless the application was made within the period referred to in section 40ZC(2)(b).
97-108a070.docx