Document ID: chunk:federal_register_of_legislation:C2004A01064:clause:3_170jec
Version: federal_register_of_legislation:C2004A01064
Segment Type: clause
Provision Reference: sch 3 cl 170JEC
Character Range: 34068–36100

170JEC  President may deal with certain applications

 (1) This section applies to applications under:
 (a) Division 2; and
 (b) Subdivisions D and E of Division 3.

 (2) A reference in this section to a part of an application includes a reference to:
 (a) an application so far as it relates to a matter in dispute; or
 (b) a question arising in relation to an application.

 (3) The President may, whether or not another member of the Commission has begun to deal with a particular proceeding in relation to an application, decide to deal with the application or a part of the application.

 (4) If the President decides to deal with the application or a part of the application, then the President must:
 (a) hear and determine the application or the part of the application; or
 (b) refer the application or the part of the application to a Full Bench.

 (5) If the President refers the application or the part of the application to a Full Bench, the Full Bench must hear and determine the application or the part of the application.

 (6) In the hearing of an application or a part of an application by the President under subsection (4) or by a Full Bench under subsection (5), the President or Full Bench may have regard to any evidence given, and any arguments adduced, in proceedings in relation to the application, or the part of the application, before the President or Full Bench commenced the hearing.

 (7) Where the President has under subsection (4) referred an application to a Full Bench:
 (a) the Full Bench may refer a part of the application to a member of the Commission to hear and determine; and
 (b) the Full Bench must hear and determine the rest of the application.

 (8) 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.

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