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FISHERIES ACT 1995 - SECT 189 Conducting proceedings of the Panel

FISHERIES ACT 1995 - SECT 189

Conducting proceedings of the Panel

    (1)     In any proceeding of the Panel, the deputy of the chairperson is to preside in the absence of the chairperson.

    (2)     A determination of the Panel must be made by a majority of the persons conducting the proceeding.

    (3)     The Panel must give any party to the proceeding—

        (a)     reasonable notice of the proceeding; and

        (b)     a reasonable opportunity to be heard.

    (4)     The Panel, in making any determination—

        (a)     must act according to the substantial merits of the case and without regard to legal forms and technicalities; and

        (b)     may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and

        (c)     is bound by the rules of natural justice; and

        (d)     is not bound by any rule or practice as to evidence.

S. 189(5) amended by No. 18/2005 s. 18(Sch. 1 item 44.2).

    (5)     A party to any proceeding before the Panel may appear and be heard before the Panel personally or by an Australian lawyer or by a person authorised in that behalf by that party.

Division 9—Constitution and proceedings of the Tribunal

S. 190 inserted by No. 40/2002 s. 27.