Intervention in certain proceedings by Minister or Commissioner
43 Intervention in certain proceedings by Minister or Commissioner
Without limiting section 41, the Minister or the Commissioner with the consent of the Minister, if the Minister or the Commissioner, as the case may be, thinks that it would be in the public interest to do so, may intervene, and has a right to be heard personally or by counsel, solicitor or agent, in any proceedings (other than proceedings for an offence) arising under the cognate Acts before a court or the State Administrative Tribunal.
Where the Commissioner intervenes in any proceedings under subsection (1) or takes or defends proceedings in accordance with section 41(1), it shall be presumed, unless the contrary is proved, that the Minister has consented to the intervention or the taking or defending of proceedings, as the case may be.
The Minister or the Commissioner, on intervening under subsection (1) in any proceedings, becomes a party to the proceedings and has all the rights, including rights of appeal, of such a party.
[Section 43 amended: No. 55 of 2004 s. 203 and 209(2).]
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