Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_355a
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 355A
Character Range: 14704–16357

355A  Reconstitution of Tribunal for efficient conduct of review

 (1) The Principal Member may direct that the Tribunal constituted for the purpose of a particular review be reconstituted by either or both of the following:
 (a) adding one or more members to the Tribunal as previously constituted for the purpose of the review;
 (b) removing one or more members from the Tribunal as so constituted;
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 353(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, or each member, who constitutes the Tribunal; and
 (ii) a Senior Member who is not the member, or one of the members, who constitutes 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 Tribunal as constituted 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 Tribunal as previously constituted.

Note: The heading to section 355 is altered by adding at the end "—unavailability of member".