Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_23a
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 23A
Character Range: 27244–28705

23A  Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding

Scope

 (1) This section does not apply in relation to a proceeding in the Security Appeals Division.

Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding

 (2) If the hearing of a proceeding has commenced or is completed, the President may direct that the Tribunal as constituted for the purposes of a particular proceeding be reconstituted by:
 (a) adding one or more members; or
 (b) removing one or more members; or
 (c) substituting one or more other members;
(or any combination of these) if the President thinks that the reconstitution is in the interests of achieving the expeditious and efficient conduct of the proceeding.

Note: See also section 23B.

Reconstituted Tribunal must continue proceeding

 (3) The Tribunal as constituted in accordance with a direction under subsection (2) must continue the proceeding.

Note: Section 23D provides that the reconstituted Tribunal may have regard to any record of the proceeding before the Tribunal as previously constituted.

Limitations on President's power to give direction

 (4) The President must not give a direction under this section about the constitution of the Tribunal if the Tribunal has made a decision under subsection 43(1).

 (5) The President must not give a direction under this section unless the President has consulted the parties to the proceeding.