Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:7_16
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 7 cl 16
Character Range: 95798–97276

16  Member ceasing to sit on a hearing of a matter

 (1) This section applies if:
 (a) the hearing of a matter has been commenced before the Tribunal but, before the matter has been finally determined, a member sitting on the hearing has ceased to be a member or, for any reason, has ceased to sit on the hearing; and
 (b) the number of remaining members sitting on the hearing is not less than 3; and
 (c) except in the case of a matter in relation to which the President has given a direction under subsection 15(2), the remaining members include the President, the Deputy President or a member who is qualified to be appointed as President.

 (2) The Tribunal constituted by the remaining members may, if the hearing has not been completed:
 (a) complete the hearing; and
 (b) if a majority of those members concur in the decision, but not otherwise, determine the matter.

 (3) If, for any reason, the Tribunal constituted by the remaining members does not complete the hearing or determine the matter:
 (a) the Tribunal constituted in accordance with section 15 must, subject to section 17, hear and determine the matter; and
 (b) for that purpose, the Tribunal may have regard to the evidence given, the arguments adduced and the reasons for any decision given during the previous hearing.

 (4) In this section:

matter means:
 (a) a question of law referred to the Tribunal under section 19A; or
 (b) an appeal; or
 (c) a matter preliminary or incidental to an appeal.