Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_352p
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 352P
Character Range: 207271–209142

352P  Powers of Board
 (1) The Board may:
 (a) take evidence on oath or affirmation for the purposes of a review; or
 (b) adjourn a hearing of a review from time to time.
 (2) The presiding member for a review may:
 (a) require a person appearing at a hearing of the review for the purpose of giving evidence to take an oath or to make an affirmation; and
 (b) administer an oath or affirmation to a person so appearing.
 (3) The applicant for a review by the Board of an original determination is a competent and compellable witness in the hearing of the review of that determination by the Board.
 (4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.
 (5) The power of the Board under paragraph (1)(a) to take evidence on oath or affirmation for the purposes of a review:
 (a) may be exercised on behalf of the Board by:
 (i) the presiding member for the review; or
 (ii) by another person (whether a Board member or not) authorised by the presiding member; and
 (b) may be exercised within or outside Australia; and
 (c) if the Board directs that the power is to be exercised subject to any limitations specified by the Board—is subject to any limitations so specified.
 (6) If a person (the authorised person) is authorised, in accordance with subparagraph (5)(a)(ii), to take evidence for the purposes of a review:
 (a) the authorised person has, for the purposes of taking that evidence, all the powers of the Board under subsection (1) and all the powers of the presiding member under subsection (2); and
 (b) for the purposes of the exercise of those powers by the authorised person, this Part has effect as if a reference to the Board, or to the presiding member, in relation to the review included a reference to the authorised person.