Document ID: chunk:federal_register_of_legislation:C2024C00866:section:151
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 151
Character Range: 1680688–1682762

151  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 in relation to a review may:
 (a) summon a person to appear at any hearing of the review to give evidence and to produce such documents (if any) as are referred to in the summons;
 (b) require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation; and
 (c) administer an oath or affirmation to a person so appearing.
 (3) The applicant for a review by the Board of a decision of the Commission is a competent and compellable witness upon the hearing of the review of that decision 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 may be exercised on behalf of the Board by the presiding member in relation to the review or by another person (whether a member or not) authorized by the presiding member, and that power may be so exercised within or outside Australia, but the Board may direct that the power is to be so exercised subject to limitations specified by the Board.
 (6) Where a person other than the presiding member in relation to a review is authorized, in accordance with subsection (5), to take evidence for the purposes of the review:
 (a) the first‑mentioned 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 first‑mentioned person, this Part has effect (except where the context otherwise requires) as if a reference to the Board, or to the presiding member, in relation to the review included a reference to the first‑mentioned person.