Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 355

             (1)  This section applies where a member who constitutes the Tribunal, or who is one of the members who constitute the Tribunal, for the purposes of a particular review (in this section called the unavailable member ):

                     (a)  stops being a member; or

                     (b)  for any reason, is not available for the purpose of the review at the place where the review is being conducted.

             (2)  If the unavailable member constitutes the Tribunal, the Principal Member shall direct another member or members to constitute the Tribunal for the purpose of finishing the review.

             (3)  If the unavailable member is one of the members who constitute the Tribunal, the Principal Member shall either:

                     (a)  direct that the Tribunal is to be constituted for the purposes of finishing the review by the remaining member or members; or

                     (b)  direct that the Tribunal is to be constituted for that purpose by the remaining member or members together with another member or members.

             (4)  Where a direction under subsection (2) or (3) is given, the Tribunal as constituted in accordance with the direction shall continue and finish the review and may, for that purpose, have regard to any record of the proceedings of the review made by the Tribunal as previously constituted.

             (5)  In exercising powers under this section, the Principal Member shall have regard to the objective set out in subsection 353(1).