Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 46

46. (1) Where a request is made to the Tribunal in accordance with sub-section
44 (5) or (6), the Tribunal shall be constituted in accordance with
sub-section (2) for the purposes of any proceeding for the determination of
the question to which the request relates.

(2) For the purposes of a proceeding referred to in sub-section (1), the
Tribunal shall be constituted by-

   (a)  3 presidential members; or

   (b)  a presidential member alone.

(3) In its application to a proceeding referred to in sub-section (1), section
21A of the Administrative Appeals Tribunal Act 1975 applies as if-

   (a)  sub-section (1) of that section were omitted and the following
        sub-section substituted:

''(1) At any time during the hearing of a proceeding before the Tribunal
constituted in accordance with sub-section 46 (2) of the Archives Act 1983
by a presidential member alone, a party to the proceeding may make an
application to the Tribunal as constituted for the purposes of that proceeding
requesting that the Tribunal be reconstituted for the purposes of that
proceeding.''; and

   (b)  sub-section (3) of that section were omitted and the following
        sub-section substituted:

''(3) The President may, after taking the submissions into account, if he
considers that the matters to which the proceeding relates are of such public
importance as to justify him in so doing, give a direction varying the
constitution of the Tribunal for the purposes of that proceeding so that the
Tribunal is constituted by 3 presidential members.''.

(4) In its application to a proceeding referred to in sub-section (1), section
22 of the Administrative Appeals Tribunal Act 1975 applies as if there were
inserted after paragraph (1) (aa) of that section the following paragraphs:

''(ab) if the Tribunal is constituted by presidential members of whom at least
2 are Judges and none of whom is the President-the senior Judge shall preside;

   (ac) if the Tribunal is constituted by presidential members none of whom is
        a Judge-one of those presidential members who is directed by the
        President to do so shall preside;''.