Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_172
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 172
Character Range: 77768–78455

172  Subsection 44(6)
Omit all the words after "again", substitute:
by the Tribunal:
 (a) the Tribunal need not be constituted for the hearing by the person or persons who made the decision to which the appeal relates; and
 (b) whether or not the Tribunal is reconstituted for the hearing—the Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Tribunal prior to the appeal (including a record of any evidence taken in the proceeding), so long as doing so is not inconsistent with the directions of the Court.

Note: The following heading to subsection 44(6) is inserted "Constitution of Tribunal if Federal Court remits case etc.".