Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p4
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 4/13)
Character Range: 167948–170688

by omitting from sub-section (1) "A Review Tribunal" and substituting "Subject to sub-section 27 (5), a Tribunal".

Procedure of Tribunal to be informal, &c.
235. Section 27 of the Principal Act is amended—
    (a) by omitting from sub-section (3) "A copy" and substituting "Subject to section 29, a copy"; and
    (b) by adding at the end thereof the following sub-section:
    "(5) Where a Tribunal constituted by the Chairman and one other member completes a review of a decision of an authorized person and the Chairman and the other member do not agree as to the decision to be made by the Tribunal, the Chairman shall arrange for the decision of the authorized person to be reviewed by a Tribunal constituted as provided by sub-section 25a (1).".
236. Section 29 of the Principal Act is repealed and the following sections are substituted:

Hearings to be in public except in special circumstances
"29. (1) Subject to this section, the hearing of proceedings before a Tribunal shall be in public.
"(2) Where a Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may, by order—
    (a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present;
    (b) give directions prohibiting or restricting the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents lodged with the Tribunal (including any documents forwarded to the Tribunal under section 24) or received in evidence by the Tribunal; and
    (c) give directions prohibiting or restricting the disclosure to either or both of the parties to the proceedings of evidence given before the Tribunal, or of the contents of a document lodged with the Tribunal (including a document forwarded to the Tribunal under section 24) or received in evidence by the Tribunal, in relation to the proceedings.
"(3) In considering—
    (a) whether the hearing of proceedings should be held in private; or
    (b) whether publication, or disclosure to either or both of the parties, of evidence given before the Tribunal, or of a matter contained in a

    document lodged with the Tribunal (including a document forwarded to the Tribunal under section 24) or received in evidence by the Tribunal, should be prohibited or restricted,
a Tribunal shall take as the basis of its consideration the principle that it is desirable that hearings of proceedings before Tribunals should be held in public and that evidence given before Tribunals and the contents of documents lodged with Tribunals (including documents forwarded to Tribunals under section 24) or received