SCHEDULE 2 - Appeals SCHEDULE 2 - Appeals

Section 12

1.   Preliminary procedure

(1) An appeal is to be –

(a) made on a form provided or approved by the Commissioner; and

(b) accompanied by the prescribed fee, if any.

(2) [Schedule 2 Amended by No. 67 of 1999, s. 12, Applied:17 Nov 1999] .  .  .  .  .  .  .  .  

(3) On lodgment of the appeal the Commissioner must notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.

2.   Hearing of appeal

(1) The Commissioner must hear and determine the appeal within 90 days of the day on which it is lodged or within such longer period as the Minister may allow.

(2) The hearing of the appeal is to be open to the public.

(3) [Schedule 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A party to the appeal may be represented at the hearing of the appeal by another person, whether an Australian legal practitioner or not.

(4) In hearing the appeal, the Commissioner –

(a) must proceed with as little formality and with as much expedition as a proper consideration of the appeal permits; and

(b) is not bound by the rules of evidence; and

(c) may inform himself or herself on any relevant matter in such manner as he or she thinks fit.

(5) The Commissioner –

(a) may adjourn the hearing of the appeal from time to time or place to place as he or she thinks fit; and

(b) may summons any person to appear and give or produce evidence by causing that person to be served with a summons; and