Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p14
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 32313–34879

shall have regard to the need for the proceedings before the Tribunal to be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.

Questions to be decided by majority of Tribunal
"107vw. (1) A question before the Tribunal in a proceeding shall be decided according to the opinion of a majority of the members constituting the Tribunal.
"(2) Where a Tribunal is constituted for the purposes of a proceeding by 2 members only and the 2 members cannot agree on a question arising in the proceeding, the Tribunal shall adjourn the proceeding and refer the matter to the President for the giving of any necessary directions, or the taking of any other action, under section 107vr.

Hearings to be in private except in special circumstances
"107vx. (1) Subject to this section, the hearing of a proceeding shall be in private.
"(2) The presiding member may give directions (whether in writing or otherwise) as to the persons who may be present at any hearing of a proceeding.
"(3) If requested to do so by the applicant, the presiding member may permit a hearing, or a part of a hearing, of a proceeding to take place in public.

Powers of Tribunal
"107vy. (1) The Tribunal may—
    (a) take evidence on oath or affirmation for the purposes of a proceeding; and
    (b) adjourn a hearing of a proceeding from time to time.
"(2) The presiding member in relation to a proceeding may—
    (a) summon a person to appear at any hearing of the proceeding 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 proceeding 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 oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers he will give to questions asked him will be true.
"(4) The power of the Tribunal under paragraph (a) of sub-section (1) to take evidence on oath or affirmation for the purposes of a proceeding may be exercised on behalf of the Tribunal by the presiding member in relation to the proceeding or by another person (whether a member or not) authorized by that presiding member, and that power may be so exercised within or outside Australia, but the Tribunal may direct that the power is to be so exercised subject to limitations specified by the