Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p40
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 97629–100263

has been finally determined by the Committee or the Committee has furnished a report to the Board on the claims of each party to the appeal proceedings, as the case may be, a member or members of the Committee (in this sub-section referred to as the "ceasing member or ceasing members") ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in consideration of the claims of the respective parties to the appeal proceedings or in the determination of the appeal or the furnishing of the report, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members selected or nominated in accordance with sub-section 53c (1).
"(2) Where a Committee is reconstituted pursuant to sub-section (1), the Committee as reconstituted may, subject to sub-section (3), have regard to the evidence given, the argument adduced and the reasons for any decision given during the proceedings before the Committee as previously constituted.
"(3) Sub-section (2) does not apply in relation to a Committee that is reconstituted pursuant to sub-section (1) unless—
     (a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or
     (b) the parties to the appeal proceedings agree that the sub-section is to apply.

Split decisions
"53j. For the purposes of the determination of an appeal or of any matter arising in the course of an appeal, where the members of the Committee do not concur in a decision relating to the determination of that appeal or of that matter—
     (a) if a majority of the members concur in a decision—the decision of the majority shall be deemed to be the decision of the Committee; and
     (b) in any other case—the decision of the Chairman of the Committee shall be deemed to be the decision of the Committee.

Places of sitting of Committee
"53k. Sittings of a Committee may be held from time to time as required at such places in Australia as are approved by the Board.".
(2) The repeal of section 53b of the Principal Act effected by sub-section (1) does not affect the operation of a determination in force under that section, but, on and after the commencement of this section, the determination shall be regarded as having been made under section 53a of the Principal Act as amended by this Act.
(3) Where, for the purposes of section 54a of the Principal Act, the Chairman of the Public Service Board or a Committee referred to in that section has prepared a report nominating persons whom the Chairman or the Committee, as the case may be, considers suitable for