19BConstitution

19B Constitution

(1) The Tribunal as constituted for the purposes of a proceeding: (a) must not have more than 3 members, unless another provision of this Act or another enactment provides otherwise in relation to the proceeding; and (b) must not have more than one member who is a Judge, unless another provision of this Act or another enactment provides otherwise in relation to the proceeding. (2) At any time before the hearing of a proceeding commences, the powers of the Tribunal in relation to the proceeding may be exercised by the President or an authorised member. (3) Subsection (2) does not apply in relation to the following powers: (a) the power under section 34J (circumstances in which hearing may be dispensed with); (b) the power under section 43 (Tribunal’s decision on review); (c) the power under section 59 (advisory opinions); (d) a power that a provision of this Act (except this section) or another enactment requires or permits to be exercised by: (i) one or more persons specified by the provision; or (ii) the Tribunal constituted in a way specified by the provision.

Note: Examples of powers covered by subparagraph (3)(d)(i) are the powers under sections 19A, 33 and 43AA. Examples of powers covered by subparagraph (3)(d)(ii) are the powers under section 19C.

(4) This section does not apply in relation to a proceeding in the Security Division (see Subdivision B).