How may Commission's functions, duties and powers be performed or exercised?
25 How may Commission's functions, duties and powers be performed or exercised?
A function, duty or power of the Commission is to be performed or exercised by the Commission at a meeting, or an inquiry, in accordance with this Division and Division 2 of Part 3.
S. 25(1A) inserted by No. 49/2021 s. 61.
Subsection (1) does not apply to a function, duty or power performed or exercised by the Commission in conducting a compulsory conference under Division 2A of Part 9 of the Liquor Control Reform Act 1998.
A function of the Commission that an Act or subordinate instrument provides may be performed by any commissioner may also be performed by the Commission at a meeting convened or inquiry arranged in accordance with this Division and Division 2 of Part 3.
In performing a function or duty the Commission—
except when exercising a power under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958, is not bound by the rules of evidence but may inform itself in any way it thinks fit;
Note
See section 33(3).
is bound by the rules of natural justice.
S. 25(4) inserted by No. 9/2018 s. 27.
An appeal against a decision of the Commission under section 3.3.17, 3.5.33M, 8.3.4, 8.3.18, 8.4.20, 8.5A.4 or 9A.1.7 of the Gambling Regulation Act 2003 must be heard by at least 3 commissioners one of whom must be the Chairperson or a Deputy Chairperson.
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