Australian Capital Territory Numbered Acts

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ADMINISTRATIVE APPEALS TRIBUNAL - SECT 9

9. Section 19 of the Principal Act is repealed and the following sections are substituted:

Conduct of proceedings

“19. (1) A proceeding arising from the Land (Planning and Environment) Act 1991 shall be conducted in the Land and Planning Division of the Tribunal.

“(2) Any other proceeding shall be conducted in the General Division of the Tribunal or such other Division, if any, as is prescribed.

Exercise of powers of Tribunal

“19A. (1) The Tribunal's powers may be exercised in relation to a proceeding—

        (a)     if no direction has been given under section 18 as to the members who are to constitute the Tribunal for the proceeding—by the President or a member authorised by the President for the purpose of this paragraph;

        (b)     if a direction has been given under section 18 as to the members who are to constitute the Tribunal for the proceeding but the hearing has not commenced—

              (i)     if the direction requires the Tribunal to be constituted by 1 member only—by the President or that member; or

              (ii)     in any other case—by the President or the member who is to preside at the hearing;

        (c)     in relation to the giving of directions as to the procedure to be followed at a hearing (whether during a directions hearing under subsection 32 (1A) or otherwise) or to the exercise of power under subsection 28 (2), section 30, subsection 32 (1A), 34 (2), 37 (6A) or 37 (2) or (6), section 38, subsection 40 (2C) or sections 41, 44A or 59—by the member presiding at the hearing of the proceeding, the Tribunal or the President; or

        (d)     in any other case—by the member or members who constitute the Tribunal for the purposes of the proceeding.

“(2) Nothing in subsection (1) affects the operation of subsection 36 (3).”.

Reconstitution of Tribunal in certain cases



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