Document ID: chunk:federal_register_of_legislation:C2004A00813:clause:1_152cwa
Version: federal_register_of_legislation:C2004A00813
Segment Type: clause
Provision Reference: sch 1 cl 152CWA
Character Range: 6068–7469

152CWA  Exercise of procedural powers by Commission members

Chairperson is part of the arbitration

 (1) If the Chairperson is one of the members (the sitting members) of the Commission as constituted under section 152CV in relation to an arbitration, the procedural powers of the Commission in relation to the arbitration may be exercised by either or both of the following:
 (a) the Chairperson;
 (b) a sitting member nominated in writing by the Chairperson for the purposes of this paragraph.

Chairperson is not part of the arbitration

 (2) If the Chairperson is not one of the sitting members, the procedural powers of the Commission in relation to the arbitration may be exercised by either or both of the following:
 (a) the sitting member nominated under subsection 152CW(2) to preside at the arbitration;
 (b) a sitting member nominated in writing by the Chairperson for the purposes of this paragraph.

Definition

 (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.

[Minister's second reading speech made in—
House of Representatives on 30 November 2000
Senate on 5 April 2001]

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