Appeal Costs Fund Act 1973
sec.6Appeal Costs Board
Start here
Get a plain-English read of sec.6
Turn the raw legal text into a practical explanation grounded in Appeal Costs Fund Act 1973.
sec.6 Appeal Costs Board
For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board . The board shall consist of 3 members who shall be appointed by the Minister, namely— a chairperson; and a member representative of and nominated in writing by the Bar Association of Queensland; and a member representative of and nominated in writing by the Queensland Law Society Incorporated. If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes. The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead. Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment. A member of the board is to be paid the fees and allowances prescribed under a regulation. For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry. The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund. s 6 amd 1996 No. 37 s 147 sch 2 ; 2002 No. 34 s 74 sch 6 ; 2003 No. 77 s 25 ; 2013 No. 35 s 17 (sec.6-ssec.1) For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board . (sec.6-ssec.2) The board shall consist of 3 members who shall be appointed by the Minister, namely— a chairperson; and a member representative of and nominated in writing by the Bar Association of Queensland; and a member representative of and nominated in writing by the Queensland Law Society Incorporated. (sec.6-ssec.3) If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes. (sec.6-ssec.4) The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead. (sec.6-ssec.5) Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment. (sec.6-ssec.6) A member of the board is to be paid the fees and allowances prescribed under a regulation. (sec.6-ssec.7) For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry. (sec.6-ssec.8) The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund.