President may constitute Tribunal for purposes of a proceeding
37 President may constitute Tribunal for purposes of a proceeding
President directs how Tribunal is constituted
The President may direct that a member or members constitute the Tribunal for the purposes of a proceeding in the Tribunal.
President directs which member presides
If the Tribunal is constituted by more than one member for the purposes of a proceeding, the President must direct which member is to preside for the purposes of the proceeding.
Requirements for directions
In making a direction under subsection (1) or (2), the President must comply with:
the requirements specified in this Act; and
any other requirements specified in the practice directions.
If a direction under subsection (1) or (2) is made in writing, the direction is not a legislative instrument.
President must notify parties to proceeding
If the President makes a direction under subsection (1) or (2) in relation to a proceeding, the President must give written notice to each party to the proceeding (other than a non‑participating party to the proceeding).
The notice does not need to specify:
the member or members constituting the Tribunal; or
the member who is to preside.
If the Tribunal is constituted for the purposes of the proceeding by the guidance and appeals panel, the notice must state this.
This Act’s bill:Explanatory memorandumSecond reading speech
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