Document ID: chunk:federal_register_of_legislation:C2004A00913:clause:1_152cwa
Version: federal_register_of_legislation:C2004A00913
Segment Type: clause
Provision Reference: sch 1 cl 152CWA
Character Range: 6695–8126

152CWA  Exercise of procedural powers by Commission members

2 or more members—Chairperson part of arbitration

 (1) If:
 (a) the Commission is constituted under section 152CV by 2 or more members of the Commission; and
 (b) the Chairperson is one of those members;
then the procedural powers of the Commission in relation to the arbitration may be exercised by either or both of the following:
 (c) the Chairperson;
 (d) any other of those members nominated in writing by the Chairperson for the purposes of this paragraph.

2 or more members—Chairperson not part of arbitration

 (2) If:
 (a) the Commission is constituted under section 152CV by 2 or more members of the Commission; and
 (b) the Chairperson is not one of those members;
then the procedural powers of the Commission in relation to the arbitration may be exercised by either or both of the following:
 (c) the member nominated under subsection 152CW(2) to preside at the arbitration;
 (d) any other of those members nominated in writing by the Chairperson for the purposes of this paragraph.

Procedural powers

 (3) For the purposes of this section, a procedural power of the Commission in relation to an arbitration is a power of the Commission in relation to the arbitration other than:
 (a) a power conferred by this Division to make, vary or revoke a determination; or
 (b) a power conferred by this Division to give a draft determination to the parties.