Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_23d
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 23D
Character Range: 30570–31424

23D  Tribunal may have regard to record of previous proceeding

Scope

 (1) This section does not apply in relation to a proceeding in the Security Appeals Division.

Tribunal may have regard to record of previous proceeding

 (2) If the Tribunal is reconstituted, the Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).

 (3) Subsection (2) does not apply in a case where the Tribunal is reconstituted following an order under subsection 44(4) remitting a case to be heard and decided again.

Note 1: Subsection 44AA(9) applies subsection 44(4) to appeals transferred to the Federal Magistrates Court.

Note 2: Paragraph 44(6)(b) deals with a proceeding reheard by the Tribunal following an appeal.