Document ID: chunk:federal_register_of_legislation:C2025C00156:section:124j:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 124J (pt 1/3)
Character Range: 641021–643700

124J  Procedure of hearings
 (1) A hearing by a Committee shall be convened by, and shall be held at a place determined by, the Chairperson.
 (2) Subject to subsection (2A), the Chairperson shall, at least 28 days before the commencement of a proposed hearing in relation to a person, give a notice in writing to the person setting out:
 (a) the time and place of the proposed hearing; and
 (b) particulars of the matter to which the proposed hearing relates.
 (2A) Where a Committee makes a determination, under subsection 124FA(1) or (2) or 124FE(1) or (2), that the Committee should consider a matter in relation to a person, the Chairperson shall, at least 28 days before the commencement of a proposed hearing in relation to that matter, give a notice in writing to the person setting out:
 (a) the time and place of the proposed hearing; and
 (b) particulars of the matter to which the proposed hearing relates.
 (3) At a hearing by a Committee, the Chairperson or, in the absence of the Chairperson as described by subsection (7), another member of the Committee nominated by the Minister shall preside.
 (4) Where a Committee conducts a hearing in relation to a person:
 (a) a relevant party may attend the hearing in person, and may be represented at the hearing by another person; and
 (b) where the relevant party so attends the hearing or is so represented at the hearing—the relevant party or the representative, as the case requires, shall be given the opportunity to give evidence, and to call witnesses, on behalf of the relevant party, to examine other witnesses appearing at the hearing and to address the Committee.
 (5) At a hearing conducted by a Committee:
 (a) the procedure of the hearing is, subject to this Act and the regulations, within the discretion of the Committee;
 (b) the hearing shall be conducted with as little formality and technicality, and with as much expedition, as requirements of this Act, and a proper consideration of the matter before the Committee, permit; and
 (c) the Committee is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks appropriate.
 (5A) A Committee may:
 (a) conduct simultaneously a hearing pursuant to a notice under subsection 23DL(4) and a hearing or hearings pursuant to a determination or determinations made under subsection 124FA(1) or (2) in the course of proceedings in relation to that notice; and
 (b) conduct simultaneously a hearing pursuant to a notice under subsection 124D(2) and a hearing or hearings pursuant to a determination or determinations made under subsection 124FE(1) or (2) in the course of proceedings pursuant to that notice.
 (5B) The