MEC Resources Ltd and Innovation and Science Australia

The Administrative Appeals Tribunal (AAT) considered a request for a stay of a decision made by Innovation and Science Australia (the Respondent) to revoke the registration of MEC Resources Ltd (the Applicant) as a Pooled Development Fund (PDF). The Respondent's decision, initially made on 3 February 2021 and confirmed on 30 April 2021 following an internal review, was based on the Applicant's contravention of several provisions of the PDF Act.

The primary legal issue before the Tribunal was whether to grant the Applicant's request for a stay of the revocation decision, pursuant to section 41(2) of the AAT Act. This required the Tribunal to consider whether it was desirable to stay the decision, taking into account the interests of affected persons, and to ensure the effectiveness of the subsequent hearing and determination of the application for review. The Tribunal was required to apply the considerations outlined in *Scott* regarding the prospects of success of the Applicant's appeal, the consequences of refusing a stay, the public interest, and the consequences to the Respondent in carrying out its functions.

Deputy President Boyle P refused the application for a stay. The Tribunal's reasoning focused on the *Scott* considerations, finding that the Applicant had not demonstrated sufficient prospects of success on the merits of its case to warrant a stay. Furthermore, the Tribunal considered that refusing the stay would not render the Applicant's subsequent application for review nugatory, and that the public interest and the Respondent's ability to perform its statutory functions were also relevant factors. The Tribunal concluded that, on balance, it was not desirable to grant the stay.