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Version status: Ceased | Document consolidation status: Updated to reflect all known changes
Version date: 31 December 2014 - onwards
  Version 3 of 3    

36. Application to set aside transfer order.

Ceased from 31 December 2014

(1) The relevant institution in relation to which a transfer order is made or a member of that institution may apply to the Court by motion on notice grounded on affidavit, not later than 14 days after the publication, in accordance with subsection (1)(b) of section 34A, of a transfer order,  for the setting aside of the transfer order.

(2) The Court shall give such priority to an application under subsection (1) as is necessary in the circumstances, and may give such directions as it considers appropriate in the circumstances -

(a) with regard to the hearing of the application, or

(b) with regard to a matter that arises during the period beginning with the transfer order and ending with the order of the Court under this section.

(3) On an application under subsection (1), the Court shall set aside the transfer order only if the Court is satisfied that there has been non-compliance with any of the requirements of section 33 or that the opinion of the Minister under section 33(2)

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