Document ID: chunk:federal_register_of_legislation:C2024C00854:section:146
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 146
Character Range: 586031–588240

146  Sittings of the Tribunal
 (1) Sittings of the Tribunal shall be held at such places and times as the President determines.
 (2) Subject to the next succeeding subsection, the Tribunal shall be constituted by a single member.
 (3) If a party to an application or reference requests that the Tribunal be constituted by more than one member for the purposes of the application or reference, the Tribunal must, for the purposes of the application or reference, be constituted by not less than 2 members of whom one must be the President or a Deputy President.
 (3A) Nothing in subsection (3) prevents a single member from exercising the powers of the Tribunal in relation to matters of procedure.
 (4) At a proceeding before the Tribunal constituted by more than one member:
 (a) if the President is one of the members constituting the Tribunal—he or she shall preside; and
 (b) in any other case—the senior Deputy President who is present is to preside.
 (5) Where the Tribunal constituted by more than one member is divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but if the Tribunal as so constituted is equally divided in opinion, the question shall be decided according to the opinion of the President or, if he or she is not one of the members constituting the Tribunal, according to the opinion of the senior Deputy President who is present.
 (6) The Tribunal constituted by a member or members may sit and exercise the powers of the Tribunal notwithstanding that the Tribunal constituted by another member or other members is at the same time sitting and exercising those powers.
 (7) The exercise of the powers of the Tribunal is not affected by a vacancy or vacancies in the membership of the Tribunal.
 (8) Where the hearing of any proceeding has been commenced before the Tribunal constituted by 2 or more members and one or more of those members has ceased to be a member or has ceased to be available for the purposes of the proceeding, the remaining member or members may continue the hearing of the proceeding if the remaining member, or one of the remaining members, is the President or a Deputy President.