ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 40 Powers of Tribunal etc.
ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 40
Powers of Tribunal etc.(1) For the purpose of reviewing a decision, the Tribunal may:
(a) take evidence on oath or affirmation;
(b) proceed in the absence of a party who has had reasonable notice of the proceeding; and
(c) adjourn the proceeding from time to time.
(2) The member who presides at the hearing of a proceeding before the Tribunal:
(a) may require a person appearing before the Tribunal at that hearing to give evidence either to take an oath or to make an affirmation; and
(b) may administer an oath or affirmation to a person so appearing before the Tribunal.
(3) The power (the evidence power ) of the Tribunal under paragraph (1)(a) to take evidence on oath or affirmation in a particular proceeding may be exercised on behalf of the Tribunal by:
(a) the presiding member in relation to the review; or
(b) another person (whether or not a member) authorised in writing by that member.
(4) The evidence power may be exercised:
(a) inside or outside Australia; and
(b) subject to any limitations or requirements specified by the Tribunal.
(5) If a person other than the presiding member has the evidence power:
(a) the person has, for the purpose of taking the evidence, the powers of the Tribunal and the presiding member under subsections (1) and (2); and
(b) this Act applies in relation to the person, for the purpose of taking the evidence in the exercise of those powers, as if the person were the Tribunal or the presiding member.
(7) The application of this section extends to a directions
hearing under this Act or an alternative dispute resolution process under
Division 3 (an incidental proceeding ) as if it were a proceeding
before the Tribunal and a power that under this section is conferred on the
Tribunal or a member of the Tribunal for the purpose of reviewing a decision
may be exercised for the purposes of an incidental proceeding by the person
holding the directions hearing or the person conducting the alternative
dispute resolution process, as the case may be.