Document ID: chunk:federal_register_of_legislation:C2004A03367:body:0:p12
Version: federal_register_of_legislation:C2004A03367
Segment Type: other
Provision Reference: 
Character Range: 28519–31032

be held or to continue; or
     (b) in the case of a matter referred to it under section 25—if the Minister notifies the Commission that the Minister does not wish the inquiry to be held or to continue.

Exercise of inquiry powers by Commission
"25b. (1) Subject to sub-section 20 (2), the powers of the Commission to hold inquiries under this Act may, if the President so directs, be exercised by a single member of the Commission who is a legally qualified person, or by 2 or more members of the Commission, at least one of whom is a legally qualified person.
"(2) Where the power of the Commission to hold an inquiry is being exercised by 2 or more members of the Commission—
     (a) if only one of those members is a legally qualified person—that member shall preside; or
     (b) if 2 or more of those members are legally qualified persons—
        (i) if one of those persons is the President—the President shall preside; or
        (ii) in any other case—those members shall elect one of those persons to preside.
     "(3) In this section, 'legally qualified person' means a person who—
     (a) is or has been a Judge of a court created by the Parliament or of a court of a State or a person who has the same designation and status as a Judge of a court created by the Parliament; or
     (b) is enrolled as a barrister or solicitor, as a barrister and solicitor, or as a legal practitioner, of the High Court, of another federal court or of the Supreme Court of a State or Territory.

Single inquiry in relation to several complaints
"25c. Where the Commission is of the opinion that 2 or more complaints arise out of the same or substantially the same circumstances or subject-matter, it may hold a single inquiry in relation to those complaints.

Joinder of parties by the Commission
"25d. Where, before the holding of an inquiry, or at any stage during the holding of an inquiry, the Commission is of the opinion that a person ought to be joined as a party to the inquiry, it may, by notice in writing given to that person, join that person as a party to the inquiry.

Notice of inquiry and rights of parties at inquiry
"25e. (1) The Commission—
     (a) shall give a party to an inquiry, other than a person to whom the Commission grants leave to appear as a party to the inquiry, such notice in such manner as the Commission determines of the time and place at which it intends to hold the inquiry; and
     (b) shall give each party to an inquiry reasonable opportunity to call or give evidence,