AustLII Tasmanian Consolidated Acts

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LEGISLATIVE COUNCIL ELECTORAL BOUNDARIES ACT 1995 - SECT 20

20. Procedure at inquiries

      (1) Subject to this Act, an inquiry by the Redistribution Tribunal into an initial objection is to be held in public.

      (2) At an inquiry by the Redistribution Tribunal into an initial objection any person or organisation that lodged an objection has a right to be heard.

      (3) At an inquiry into an initial objection, the Redistribution Tribunal must consider all evidence given under subsection (2).

      (4) The Redistribution Tribunal is not bound by the legal rules of evidence and may regulate the conduct of proceedings at an inquiry into an initial objection as it thinks fit.

      (5) Without limiting the generality of subsection (4) –

(a) the manner in which evidence may be given to the Redistribution Tribunal; and

(b) the time within which evidence may be given to the Tribunal; and

(c) the extent to which the Tribunal may be addressed; and

(d) the persons by whom it may be addressed –

in respect of the initial redistribution proposal are within the absolute discretion of the Tribunal.

      (6) Where the Redistribution Tribunal is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may –

(a) direct that an inquiry or a part of an inquiry is to take place in private and give directions as to the persons who may be present; or

(b) give directions prohibiting or restricting the publication of evidence given before it or of matters contained in documents lodged with it.

      (7) The Redistribution Tribunal may, if it thinks fit, permit a person appearing as a witness before it to give evidence by tendering, and verifying by oath, a written statement.

      (8) On written application by a person who considers that attendance as a witness before the Redistribution Tribunal would cause him or her serious hardship, the Tribunal may permit the person to give evidence by sending to the Tribunal a written statement, verified in such manner as the Tribunal allows.

      (9) Where evidence is given to the Redistribution Tribunal by a written statement in accordance with subsection (7) or (8), the Tribunal must make available to the public in such manner as it thinks fit the contents of the statement other than any matter as to which the Tribunal is satisfied that its publication would be contrary to the public interest by reason of its confidential nature or for any other reason.



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