Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:3_422a
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 3 cl 422A
Character Range: 51038–52532

422A  Reconstitution of Tribunal for efficient conduct of review

 (1) The Principal Member may direct that:
 (a) the member constituting the Tribunal for a particular review be removed; and
 (b) another member constitute the Tribunal for the purposes of that review;
if the Principal Member thinks the reconstitution is in the interests of achieving the efficient conduct of the review in accordance with the objective set out in subsection 420(1).

 (2) However, the Principal Member must not give such a direction unless:
 (a) the Tribunal's decision on the review has not been recorded in writing or given orally; and
 (b) the Principal Member has consulted:
 (i) the member constituting the Tribunal; and
 (ii) a Senior Member who is not the member constituting the Tribunal; and
 (c) either:
 (i) the Principal Member is satisfied that there is insufficient material before the Tribunal for the Tribunal to reach a decision on the review; or
 (ii) a period equal to or longer than the period prescribed for the purposes of this subparagraph has elapsed since the Tribunal was constituted.

 (3) If a direction under this section is given, the member constituting the Tribunal in accordance with the direction is to continue and finish the review and may, for that purpose, have regard to any record of the proceedings of the review made by the member who previously constituted the Tribunal.

Note: The heading to section 422 is altered by adding at the end "—unavailability of member".