TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 43 Member of Tribunal ceasing to be available.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 43

43. (1) This section applies where the hearing of any proceedings has been
commenced or completed by the Tribunal but, before the matter to which the
proceedings relate has been determined, one of the members constituting the
Tribunal for the purposes of the proceedings has ceased to be a member of the
Tribunal or has ceased to be available for the purposes of the proceedings.

(2) Where the President is satisfied that this section applies in relation to
proceedings, the president may direct that a specified member of the Tribunal
shall take the place of the member referred to in sub-section (1) for the
purposes of the proceedings.

(3) Where this section applies in relation to proceedings that were being
dealt with before the Tribunal, the President may, instead of giving a
direction under sub-section (2), direct that the hearing and determination, or
the determination, of the proceedings be completed by the Tribunal constituted
by the members other than the member referred to in sub-section (1).

(4) Where the President has given a direction under sub-section (3), he may,
at any time before the determination of the proceedings, direct that a third
member be added to the Tribunal as constituted in accordance with sub-section
(3).

(5) The Tribunal as constituted in accordance with any of the provisions of
this section for the purposes of any proceedings may have regard to any record
of the proceedings before the Tribunal as previously constituted.