Division 3—Constitution of Tribunal 64 Constitution of Tribunal in proceedings (1) Subject to the rules, the Tribunal is to be constituted for the purposes of any particular proceeding by 1, 2, 3, 4 or 5 members. Note Note to s. 64(1) The rules may provide for the Tribunal to be constituted by inserted by No. 23/2014 the principal registrar for performing certain s. 10. section 157A. If so, a registrar may also perform those functions—see section 32(3). (2) If the Tribunal is to be constituted at a proceeding— (a) by one member only, that member must be S. 64(2)(a) amended by an Australian lawyer; and No. 17/2014 s. 160(Sch. 2 item 105.5). (b) by more than one member, at least one must S. 64(2)(b) amended by be an Australian lawyer. No. 17/2014 s. 160(Sch. 2 item 105.5). (3) The President determines how the Tribunal is to be constituted for the purposes of each proceeding. (4) If a provision of this Act, the rules or an enabling S. 64(4) inserted by enactment provides that a power of the Tribunal is No. 62/2014 exercisable by any member, then any member of s. 29. the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding. Example
Division 3—Constitution of Tribunal 64 Constitution of Tribunal in proceedings (1) Subject to the rules, the Tribunal is to be constituted for the purposes of any particular proceeding by 1, 2, 3, 4 or 5 members. Note to s. 64(1) inserted by No. 23/2014 s. 10. Note The rules may provide for the Tribunal to be constituted by the principal registrar for performing certain section 157A. If so, a registrar may also perform those functions—see section 32(3). (2) If the Tribunal is to be constituted at a proceeding— S. 64(2)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.5). (a) by one member only, that member must be an Australian lawyer; and S. 64(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 105.5). (b) by more than one member, at least one must be an Australian lawyer. (3) The President determines how the Tribunal is to be constituted for the purposes of each proceeding. S. 64(4) inserted by No. 62/2014 s. 29. (4) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by any member, then any member of the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding. Example
98-53a100.docx