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DEFENCE ACT 1903 - SECT 110XH Procedural rules

DEFENCE ACT 1903 - SECT 110XH

Procedural rules

  (1)   After consulting the other Tribunal members, the Chair may, by legislative instrument, make procedural rules (not inconsistent with this Part) in relation to the practice and procedure to be followed by or in relation to the Tribunal.

  (2)   Without limiting subsection   ( 1), the procedural rules may provide for the following:

  (a)   the constitution of the Tribunal for Tribunal proceedings;

  (b)   how the work of the Tribunal is to be allocated between the Tribunal members;

  (c)   the nature or form of Tribunal proceedings (for example, whether proceedings are to take the form of a hearing, and whether a hearing is to be in public or private);

  (d)   the circumstances in which a person may be represented by a legal practitioner or other person in a Tribunal proceeding;

  (e)   how applications are to be made to the Tribunal;

  (f)   requiring lodgment with the Tribunal of material relating to the making of reviewable decisions that are the subject of applications to the Tribunal;

  (g)   how evidence is to be given, or submissions are to be made, to the Tribunal;

  (h)   how people are to be summoned to attend before the Tribunal;

  (i)   any other matters that the Chair considers necessary or convenient.

  (3)   The procedural rules must be complied with in relation to Tribunal proceedings.