Document ID: chunk:federal_register_of_legislation:C2025C00156:section:124j:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 124J (pt 2/3)
Character Range: 643444–646186

(b) conduct simultaneously a hearing pursuant to a notice under subsection 124D(2) and a hearing or hearings pursuant to a determination or determinations made under subsection 124FE(1) or (2) in the course of proceedings pursuant to that notice.
 (5B) The regulations may make provision in relation to the procedure to be followed in conducting a hearing by a Committee pursuant to a determination under subsection 124FA(1) or (2) or 124FE(1) or (2).
 (6) A Committee may take evidence at a hearing on oath or affirmation, and any member may administer an oath or affirmation for that purpose.
 (7) Where a Committee has commenced a hearing in relation to a practitioner and, before the Committee makes a determination, a member of the Committee has ceased to be such a member or, for any other reason, is unable to take any further part in the hearing or in the making of the determination, the remaining members of the Committee may, if the practitioner consents, constitute the Committee for the purpose:
 (a) if the hearing has not been completed—of completing the hearing; and
 (b) if a majority of the remaining members agree as to what determination should be made—of making the determination.
 (8) If, for any reason, after a Committee has been established under subsection 124E(1) or (3), it is not reasonably practicable for the Committee to continue to perform its functions, the Chairperson shall establish another Committee under that subsection to make the determination, and that Committee:
 (a) may have regard to any evidence and other material given to, and arguments adduced before, the first‑mentioned Committee and the reasons for any decision made by the first‑mentioned Committee; and
 (b) if the first‑mentioned Committee has completed a hearing in relation to the person—notwithstanding subsection 124G(1), is not required to conduct a hearing in relation to the person.
 (9) A Committee is not empowered to order the payment of costs.
 (10) In this section, relevant party, in relation to a hearing by a Committee in relation to a person, means the person and:
 (a) in the case of a hearing pursuant to a notice under subsection 23DL(4)—any person in relation to whom the Committee makes a determination under subsection 124FA(1) or (2) in the course of the proceedings pursuant to that notice; and
 (b) in the case of a hearing pursuant to a determination made under subsection 124FA(1) or (2) in the course of proceedings pursuant to a notice under subsection 23DL(4):
 (i) the person to whom the notice under subsection 23DL(4) relates; and
 (ii) any other person in relation to whom the Committee makes a determination under subsection 124FA(1) or (2) in the course of those proceedings; and
 (c) in the case of