Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:3_141a:p1
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 3 cl 141A (pt 1/2)
Character Range: 46650–49269

141A  Reference of application for declaration to Full Bench

 (1) This section applies to an application for a declaration under a provision of this Division.

 (2) A reference in this section to a part of an application includes a reference to a question arising in relation to an application.

 (3) If a proceeding in relation to an application is before a member of the Commission, any of the following:
 (a) a party to the proceeding;
 (b) the Minister;
 (c) if a Minister of Victoria has intervened in the proceedings in accordance with section 141B—that Minister, on behalf of the Government of Victoria;
may apply to the member to have the application, or a part of the application, dealt with by a Full Bench because the application or the part of the application is of such importance that, in the public interest, it should be dealt with by a Full Bench.

 (4) If an application is made under subsection (3) to a member of the Commission other than the President, the member must refer the application to the President to be dealt with.

 (5) The President must confer with the member about whether the application under subsection (3) should be granted.

 (6) The President must grant the application under subsection (3) if the President is of the opinion that the application or the part of the application is of such importance that, in the public interest, it should be dealt with by a Full Bench.

 (7) If the President grants an application under subsection (3), the Full Bench must, subject to subsection (8), hear and determine the application or the part of the application and, in the hearing, may have regard to any evidence given, and any arguments adduced, in proceedings in relation to the application, or the part of the application, before the Full Bench commenced the hearing.

 (8) If the President grants an application under subsection (3) in relation to an application:
 (a) the Full Bench may refer a part of the application to a member of the Commission to hear and determine; and
 (b) the Full Bench must hear and determine the rest of the application.

 (9) The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.

 (10) The member must, after making such investigation (if any) as is necessary, provide a report to the President or Full Bench, as the case may be.

 (11) The President may, before a Full Bench has been established for the purpose of hearing and determining, under this section, an application or part of an application, authorise a member