Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_44j
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 44J
Character Range: 58725–60815

44J  Reference of proceedings to Full Bench

 (1) If a proceeding is before a member of the Commission, a party to the proceeding or the Minister may apply to the member to have the proceeding dealt with by a Full Bench because the subject matter of the proceeding is of such importance that, in the public interest, the proceeding should be dealt with by a Full Bench.

 (2) If an application is made under subsection (1) to a member of the Commission other than the President:
 (a) the member must refer the application to the President to be dealt with; and
 (b) the President must confer with the member about whether the application should be granted.

 (3) If the President is of the opinion that the subject matter of the proceeding is of such importance that, in the public interest, the proceeding should be dealt with by a Full Bench, the President must grant the application.

 (4) If the President grants an application under subsection (1), the Full Bench must (subject to subsection (5)) hear and determine the proceeding to which the application relates.

 (5) If the President grants an application under subsection (1), the Full Bench may do either or both of the following:
 (a) have regard to any evidence given, and any arguments adduced, in the proceeding before the Full Bench began to deal with it;
 (b) refer a part of the proceeding to a member of the Commission to hear and determine.

 (6) The President may, before a Full Bench has been established for the purpose of dealing with a proceeding under this section, authorise a member of the Commission to take evidence for the purposes of the proceeding, and the Full Bench must have regard to the evidence.

 (7) The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.

 (8) The member must, after making such investigation (if any) as is necessary, provide a report to the President or the Full Bench, as required.

 (9) In this section:

proceeding includes a part of a proceeding.