64Divisions

64 Divisions (1) The Board may exercise its powers and functions in divisions of the Board. S. 64(2) amended by Nos 16/1991 s. 16(5), 91/2009 s. 206(1), 10/2013 s. 24, 31/2014 s. 3(1), 57/2017 s. 45(3), 45/2019 s. 35(1). (2) Subject to section 74AAB, a division of the Board consists of at least 3 members of whom at least one must be a Judge, retired Judge, Associate Judge, retired Associate Judge, Magistrate or retired Magistrate or an Australian lawyer of at least 10 years' standing and that Judge, retired Judge, Associate Judge, retired Associate Judge, Magistrate, retired Magistrate or Australian lawyer of at least 10 years' standing is to be divisional chairperson. S. 64(2A) inserted by No. 45/2019 s. 35(2). (2A) Subject to section 74AAB, if more than one member of a division of the Board is a person referred to in subsection (2), the chairperson of the Board must give a direction as to which member is to be divisional chairperson. S. 64(3) amended by Nos 91/2009 s. 206(2), 31/2014 s. 3(2), 57/2017 s. 45(3). (3) Subject to section 74AAB, the chairperson of the Board may give directions as to the arrangement of the business of the Board and as to the persons who are to constitute divisions of the Board for the purposes of particular matters. S. 64(4) amended by No. 45/2019 s. 35(3). (4) The following questions which may arise before a division of the Board are to be decided by the divisional chairperson alone— (a) whether a question is a question of fact or of law; (b) any question determined to be a question of law. S. 64(5) inserted by No. 45/2019 s. 35(4). (5) In this section, ***divisional chairperson***, in relation to a division of the Board, means the chairperson of that division. S. 64A inserted by No. 91/2009 s. 207, amended by Nos 10/2013 s. 25, 31/2014 s. 4, repealed by No. 57/2017 s. 45(4). S. 65 amended by Nos 16/1991 s. 16(6), 10/2013 s. 26, substituted by No. 62/2013 s. 8.