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Business Tenancies (Fair Dealings) Act 2003
89Who may conduct proceedings
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89 Who may conduct proceedings
(1) A particular proceeding may be conducted by any of the following
persons, who must be suitably qualified in accordance with this
section to conduct that proceeding:
(a) the Commissioner;
(b) a delegate of the Commissioner under section 13;
(c) any other person appointed in writing by the Commissioner.
(2) The Commissioner must ensure that, in relation to an application,
the same person does not personally conduct more than one of the
following:
(a) a preliminary conciliation conference;
(b) a conciliation conference;
(c) an inquiry.
Business Tenancies (Fair Dealings) Act 2003 60
(3) If a conciliation conference is to be conducted by a delegate of the
Commissioner, the Commissioner must ensure that wherever
practicable the delegate has the prescribed qualifications.
(4) A person conducting an inquiry must be a lawyer who has been
admitted to the legal profession for at least 5 years.
(5) A conference or an inquiry in respect of an application is not to be
conducted by a person who has conducted or taken part in an
investigation to determine whether an offence against this Act has
been committed by a party to the application in relation to the
disputed matter.