Document ID: chunk:federal_register_of_legislation:C2024C00550:section:35
Version: federal_register_of_legislation:C2024C00550
Segment Type: section
Provision Reference: s 35
Character Range: 37852–39935

35  Co‑operation with and membership of Trans‑Tasman Occupations Tribunal (NZ)
 (1) The purpose of this section is to promote consistency between decisions made by the Australian Tribunal for the purposes of this Act and decisions made by the New Zealand Tribunal for the purposes of the New Zealand Act.
 (2) In making decisions for the purposes of this Act, the Australian Tribunal is to have regard to decisions of the New Zealand Tribunal.
 (3) For the purposes of a review of a decision referred to in subsection 33(1) of this Act, the President of the Australian Tribunal may, in the exercise of the power under subsection 37(1) of the Administrative Review Tribunal Act 2024, direct that the persons who are to constitute the Australian Tribunal for the purposes of the proceeding for that review include:
 (a) the Chairperson of the New Zealand Tribunal; or
 (b) a person included on the panel maintained under the New Zealand Act who is nominated by the Chairperson of the New Zealand Tribunal for the purposes of that review.
 (4) The President of the Australian Tribunal must exercise the power given by subsection (3) in accordance with arrangements made from time to time between the President and the Chairperson of the New Zealand Tribunal.
 (5) A reference in any of the following provisions of the Administrative Review Tribunal Act 2024 to a member includes a reference to a person included in a direction under subsection (3) of this section:
 (a) Part 4;
 (b) Part 5;
 (c) Subdivision B of Division 2 of Part 8;
 (d) Division 4, 5, 6 or 7 of Part 8;
 (e) Part 11.
 (6) In spite of anything in any other Act, the Chairperson of the New Zealand Tribunal, or a person included on the panel maintained under the New Zealand Act, is not entitled to remuneration or allowances in respect of service as a member of the Australian Tribunal as permitted by this Act.
 (7) Service by a member of the Australian Tribunal on the New Zealand Tribunal under the New Zealand Act is taken for all purposes of Australian law to be service as a member of the Australian Tribunal.