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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 19D

Reconstitution

Before hearing commences

             (1)  At any time before the hearing of a proceeding commences, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction.

After hearing commences

             (2)  At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction, if:

                     (a)  the member, or one of the members, who constitutes the Tribunal for the purposes of the proceeding:

                              (i)  stops being a member; or

                             (ii)  is for any reason unavailable; or

                            (iii)  is directed by the President not to take part in the proceeding; or

                     (b)  the President considers that doing so is in the interests of achieving the expeditious and efficient conduct of the proceeding.

             (3)  Subsection (2) does not apply in relation to a proceeding in the Security Division.

             (4)  The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).

President's directions

             (5)  The President must not give a direction referred to in subparagraph (2)(a)(iii) unless the President:

                     (a)  is satisfied that it is the interests of justice to do so; and

                     (b)  has consulted the member concerned.

             (6)  The President must not, for the purposes of subsection (2), revoke a direction under subsection 19A(1) in relation to a proceeding and give another such direction unless the President:

                     (a)  is satisfied that it is in the interests of justice to do so; and

                     (b)  has consulted each member who as a result ceases to be a member of the Tribunal as constituted for the purposes of the proceeding.

             (7)  In giving directions for the purposes of this section, the President must have regard to the Tribunal's objective in section 2A.



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