Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 428

Tribunal's power to take evidence

  (1)   The power (the evidence power ) of the Tribunal under paragraph   427(1)(a) to take evidence on oath or affirmation in a particular review may be exercised on behalf of the Tribunal by:

  (a)   a member conducting the review; or

  (b)   another person (whether or not a member) authorised in writing by that member.

  (2)   The evidence power may be exercised:

  (a)   inside or outside Australia; and

  (b)   subject to any limitations or requirements specified by the Tribunal.

  (3)   If a person other than a member conducting the review has the evidence power:

  (a)   the person has, for the purpose of taking the evidence, the powers of the Tribunal under subsection   427(1) and paragraphs 427(3)(c) and (d); and

  (b)   this Part applies in relation to the person, for the purpose of taking the evidence in the exercise of those powers, as if the person were the Tribunal; and

  (c)   the person must cause a record of any evidence taken to be made and sent to the member who authorised the person to exercise the evidence power; and

  (d)   for the purposes of section   425, if that member receives the record of evidence, the Tribunal is taken to have given the applicant an opportunity to appear before it to give evidence.



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