Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 21

Scope

    (1AAA)  This section does not apply in relation to proceedings in the Security Appeals Division.

Constitution of Tribunal

             (1)  Subject to subsections (1AA) and (1A) and to any other provision made in this Act or in any other enactment with respect to the constitution of the Tribunal in relation to a particular proceeding, the Tribunal is, for the purposes of a proceeding, to be constituted by not more than 3 members.

       (1AA)  The Tribunal as constituted for the purposes of a proceeding must not include more than one presidential member who is a judge.

          (1A)  For the purpose of the exercise of the powers of the Tribunal under subsection 29(4), (7) or (9) or 30(1A), section 31, subsection 34D(1), 35(2) or 37(1A), (1C) or (2), section 38, subsection 41(2) or (3), section 42A or 42B, subsection 42C(1) or section 69A or 69B, the Tribunal shall be constituted:

                     (a)  where the hearing of the relevant proceeding has not commenced--by a presidential member or an authorised member; or

                     (b)  where the hearing of the relevant proceeding has commenced--by the members by whom the Tribunal is constituted for the purposes of that proceeding.

             (2)  Where, before the commencement of the hearing of a proceeding before the Tribunal, there is lodged with the Tribunal, as prescribed, a notice, signed by or on behalf of all the parties, stating that they have agreed that the proceeding should be dealt with by the Tribunal constituted by a presidential member alone, the Tribunal may, if the President directs under section 20B, be constituted for the purposes of that proceeding by a presidential member alone.