124Dissolution or reconstitution of Commission on death etc of member

124 Dissolution or reconstitution of Commission on death etc of member

2‑member Commission means a Commission of Inquiry appointed by an instrument that specifies the names of 2 persons who are to constitute the Commission, and includes a multi‑member Commission the membership of which is reduced to 2 persons under a direction referred to in paragraph (5) (a) or (6) (a).

multi‑member Commission means a Commission of Inquiry appointed by an instrument that specifies the names of 3 or more persons who are to constitute the Commission.

non‑Presidential member means a member of a Commission of Inquiry other than the President.

single‑member Commission means a Commission of Inquiry which is comprised only of the President.

(2) If: (a) the member of a single‑member Commission ceases to be a member of the Commission of Inquiry at any time; or (b) a member of a 2‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry and the other member of the Commission of Inquiry: (i) is not the President; and (ii) is not eligible to be appointed as President under regulation 112; or (c) a member of a multi‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry and the other members of the Commission of Inquiry: (i) do not include the President; (ii) are not eligible to be appointed as President under regulation 112; the Commission of Inquiry is taken to be dissolved under subregulation 67 (3). (3) Subject to subregulations (5) and (7), if a member of a 2‑member Commission or a multi‑member Commission ceases to be a member of the Commission of Inquiry while the inquiry by the Commission of Inquiry is suspended, the Commission of Inquiry is taken to be dissolved under subregulation 67 (3). (4) If a member of a 2‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry, and the other member is the President, the appointing authority may direct the Commission of Inquiry, constituted by the President alone, to continue the inquiry; or (a) the appointing authority may, by instrument, appoint a person to be a member of the Commission of Inquiry; and (b) the inquiry by the Commission of Inquiry is suspended until the appointing authority so appoints, or until the Commission of Inquiry is dissolved, or taken to be dissolved, under subregulation 67 (3). (5) If the President of a 2‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry, and the other member is eligible to be appointed as President under regulation 112: (a) the appointing authority may, by instrument, appoint the other member to be the President and, in the same instrument, appoint a person to be a member of the Commission of Inquiry; and (b) the inquiry by the Commission of Inquiry is suspended until the appointing authority makes those appointments, or until the Commission of Inquiry is dissolved, or taken to be dissolved, under subregulation 67 (3). (6) If a non‑Presidential member of a multi‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry, and the other members of the Commission of Inquiry include the President: (a) the appointing authority may, by instrument, appoint a person to be a member of the Commission of Inquiry or direct the Commission of Inquiry to continue the inquiry constituted with its remaining members; and (b) the inquiry by the Commission of Inquiry is suspended until the appointing authority so appoints or directs, or until the Commission of Inquiry is dissolved, or taken to be dissolved, under subregulation 67 (3). (7) If: (a) the President of a multi‑member Commission ceases to be a member of the Commission of Inquiry before the Commission of Inquiry completes its inquiry; and (b) 1 or more of the other members is eligible to be appointed as President under regulation 112; the appointing authority may, by instrument: (c) appoint a member referred to in paragraph (b) to be the President and, in the same instrument, appoint a person to be a member of the Commission of Inquiry; or (d) appoint a member referred to in paragraph (b) to be the President and direct that person and the other members to constitute the Commission of Inquiry for the purpose of continuing the inquiry; and the inquiry by the Commission of Inquiry is suspended until the appointing authority so appoints a member to be the President, or until the Commission of Inquiry is dissolved, or taken to be dissolved, under subregulation 67 (3).