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DEFENCE ACT 1903 - SECT 58KC Review of action etc. of single member

DEFENCE ACT 1903 - SECT 58KC

Review of action etc. of single member

  (1)   Where:

  (a)   a single member is conducting the Tribunal's business in relation to a matter; and

  (b)   in dealing with the matter, the single member exercises a power or performs a function of the Tribunal;

the Minister, the Secretary or the Chief of the Defence Force may, by notice in writing given to the President within 28 days after the single member has completed his or her conduct of that business, request the Tribunal to reconsider the exercise of the power or performance of the function.

  (2)   The notice must specify the exercise of the power or the performance of the function requested to be reconsidered and the grounds for seeking the reconsideration.

  (3)   As soon as practicable after the request is made, the Tribunal must:

  (a)   reconsider the exercise of the power or performance of the function specified in the request; and

  (b)   make a determination affirming, varying or replacing anything done by the single member in exercising that power or performing that function.