Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p27
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 64103–67094

of the Repatriation Review Tribunal shall, with respect to that proceeding, be deemed to be a non-presidential member of the Administrative Appeals Tribunal for the purposes of the Administrative Appeals Tribunal Act 1975.
"(10) Where the President of the Repatriation Review Tribunal receives a notification under sub-section (8), he shall forward to the Administrative Appeals Tribunal all documents and other records relating to the proceeding before the Repatriation Review Tribunal with respect to the decision the subject of the notification.
"(11) In a proceeding before the Administrative Appeals Tribunal on a review of a decision in accordance with a direction under sub-section (8), the Tribunal may, for the purpose of that proceeding, have regard to any record of the proceeding before the Repatriation Review Tribunal with respect to that decision, including a record of any evidence taken in that last-mentioned proceeding.

Constitution of Administrative Appeals Tribunal
"107vzzc. (1) For the purpose of the exercise of its powers in relation to a review under this Part, the Administrative Appeals Tribunal shall be constituted by—
(a) a presidential member and 2 non-presidential members; or
(b) a presidential member alone.
"(2) In this section, 'non-presidential member' and 'presidential member' have the same respective meanings as they have in the Administrative Appeals Tribunal Act 1975.

Additional powers of Administrative Appeals Tribunal
"107vzzd. (1) In addition to the powers conferred on it by section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal may, in a proceeding on a review in accordance with a direction under sub-section (8) of section 107vzzb, at any time remit the review the subject of the proceeding to the Repatriation Review Tribunal.
"(2) Where the Administrative Appeals Tribunal remits a review to the Repatriation Review Tribunal under sub-section (1), the Administrative Appeals Tribunal may give directions in relation to that review to the Repatriation Review Tribunal, and the Repatriation Review Tribunal shall, in conducting the review so remitted, comply with those directions.
"(3) Where, under sub-section (1), a review is remitted by the Administrative Appeals Tribunal to the Repatriation Review Tribunal, the Repatriation Review Tribunal may, for the purpose of the proceeding before it on that review, have regard to any record of the proceeding before the Administrative Appeals Tribunal in which the review was so remitted, including a record of any evidence taken in that last-mentioned proceeding.

Reference to decisions of Repatriation Review Tribunal to be read as including reference to decisions of Administrative Appeals Tribunal, &c.
"107vzze. In Part IIIa (other than section 107vk)—
    (a) a reference to a decision of the Repatriation Review Tribunal shall be read as including a reference to a decision of the Administrative Appeals Tribunal on a review in accordance