Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_359cn
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 359CN
Character Range: 256145–258437

359CN  Board member ceasing to be Board member etc.
 (1) If one of the Board members constituting the Board, by virtue of a direction under section 359CM, for the purposes of a review by the Board under Part 4 of Chapter 8:
 (a) ceases to be a Board member; or
 (b) ceases, for any reason, to be available for the purposes of a review at the place where the review is to be, or is being, heard or continued;
the 2 remaining Board members are deemed to constitute the Board by virtue of the direction given under section 359CM until the Principal Member re‑allocates the review, under that section, for further hearing.
 (2) If the Board member referred to in subsection (1) is the Principal Member or a Senior Member, the Principal Member must direct which of the 2 remaining Board members is to preside at any hearing of the review.
 (3) If:
 (a) the hearing of a review has been commenced but has not been completed before the Board; and
 (b) the review has not been re‑allocated as mentioned in subsection (1);
the review may be listed for further hearing at a particular place and time in accordance with directions given by the Principal Member with respect to the listing of reviews for hearing or further hearing and, if it is so listed:
 (c) the Board constituted by the Board members directed to constitute the Board for the hearing of reviews listed for hearing at that place during the period in which that time occurs may continue the hearing of the review and decide the review; and
 (d) the review is deemed to have been re‑allocated for further hearing and decision accordingly.
 (4) The Board to which a review is deemed to have been re‑allocated under subsection (3) may, but need not, include a Board member who was one of the Board members who constituted the Board for the purpose of hearing the review before the re‑allocation took place.
 (5) If a review re‑allocated as mentioned in subsection (1), or deemed to have been re‑allocated under subsection (3), had been commenced, but had not been completed, before the re‑allocation took place, the Board as constituted for the purpose of that review by virtue of that re‑allocation may, in the review before it, have regard to any record of the review before the Board as previously constituted.

Part 4—Other matters