Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p3
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 3/13)
Character Range: 165572–168198

of a Tribunal has arranged for a decision of an authorized person to be reviewed by the Tribunal;
    (b) before the Tribunal has made a decision on the review, a member of the Tribunal (other than the Chairman)—
         (i) is, under section 25b, prohibited from taking part or continuing to take part in the proceedings;
         (ii) is directed by the Chairman in accordance with section 25b not to take part, or not to continue to take part, in the proceedings; or
         (iii) is, for any other reason, unable to take part or continue to take part in the proceedings; and
    (c) there is lodged with the Chairman of the Tribunal, as prescribed, a notice, signed by the person who requested the review by a Tribunal of the decision, stating that he consents to the decision being reviewed, or to the review of the decision being continued and completed, by the Tribunal constituted by the Chairman and the remaining member of the Tribunal,
the Tribunal shall be constituted for the purposes of the review of that decision by the Chairman and that remaining member.

Disclosure of interests by members
"25b. (1) Where a member is, or is to be, a member of a Tribunal as constituted for the purposes of proceedings in relation to a review of a decision of an authorized person and he has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his functions in relation to those proceedings—
    (a) he shall disclose the interest to the parties to the proceedings; and
    (b) except with the consent of both the parties to the proceedings, he shall not take part in the proceedings.
"(2) Where the Chairman of a Tribunal becomes aware that a member is, or is to be, a member of the Tribunal as constituted for the purposes of proceedings relating to a review of a decision of an authorized person and that the member has, in relation to those proceedings, such an interest as is mentioned in sub-section (1) —
    (a) if the Chairman considers that the member should not take part, or should not continue to take part, in the proceedings—he shall give a direction to the member accordingly; or

    (b) in any other case—he shall cause the interest of the member to be disclosed to the parties to the proceedings.".

Powers of Tribunal with respect to decision under review
234. Section 26 of the Principal Act is amended 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