Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:3_21ab:p2
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 3 cl 21AB (pt 2/2)
Character Range: 37182–39214

Division as previously constituted, the Division as reconstituted may give directions in relation to the proceeding to the Division as previously constituted and the Division as previously constituted must, in making a decision on the review, comply with those directions.

Member presiding
 (9) At the hearing of a proceeding before the Division at which the Division is constituted for the purposes of the proceeding by presidential members:
 (a) if the President is a member of the Division as so constituted—he or she is to preside; or
 (b) if the President is not a member of the Division as so constituted, but only one presidential member who is a Judge is a member of the Division as so constituted—that presidential member is to preside; or
 (c) if the President is not a member of the Division as so constituted, but 2 or more presidential members who are Judges are members of the Division as so constituted—the senior Judge is to preside; or
 (d) if neither the President, nor a Judge is a member of the Division as so constituted—a Deputy President of the Division as so constituted who is directed by the President to do so is to preside.

What happens if member ceases to be available
 (10) If, before the proceeding has been completed, one of the members constituting the Division for the purposes of the proceeding has ceased to be available for the purposes of the proceeding the proceeding is to be reheard by the Division as reconstituted in accordance with this section.

Regard may be had to record of previous proceeding
 (11) If the Division:
 (a) is reconstituted in accordance with a direction under subsection (6); or
 (b) is reconstituted because proceedings are remitted under paragraph (7)(b) to the Division as previously constituted; or
 (c) is reconstituted under subsection (10) because a member ceases to be available;
the members of the Division may have regard to any record of the proceeding in the Division as previously constituted, including a record of any evidence taken in the proceeding.