Document ID: chunk:federal_register_of_legislation:C2004A00913:clause:1_10
Version: federal_register_of_legislation:C2004A00913
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 8126–9326

10  Subsections 152CX(1) and (2)
Repeal the subsections, substitute:

Single member

 (1) If:
 (a) the Commission is constituted under section 152CV by one member of the Commission; and
 (b) that member stops being a member of the Commission or for any reason is not available for the purposes of the arbitration;
then the Chairperson must direct that the Commission is to be constituted for the purposes of finishing the arbitration by one or more members nominated by the Chairperson.

2 or more members

 (2) If:
 (a) the Commission is constituted under section 152CV by 2 or more members of the Commission; and
 (b) one of those members stops being a member of the Commission or for any reason is not available for the purposes of the arbitration;
then the Chairperson must either:
 (c) direct that the Commission is to be constituted for the purposes of finishing the arbitration by the remaining member or members; or
 (d) direct that the Commission is to be constituted for that purpose by the remaining member or members together with one or more other members nominated by the Chairperson.

Note: The following heading to subsection 152CX(3) is inserted "Previous record of proceedings".