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Government Railways Act 1904
78Appeal Board, constitution of
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##### 78. Appeal Board, constitution of
(1) An Appeal Board shall consist of the following persons, that is to say —
(a) A magistrate to be appointed from time to time by the Governor, and to be the chairman of the Appeal Board, or a person appointed in like manner to act as his deputy; and
(b) One person to be appointed from time to time by the Authority, or a person appointed in like manner to act as his deputy; and
(c) One person to be appointed —
(i) by the industrial union; or
(ii) if there is no such union, or if that union has not made the appointment prior to the seventh day immediately preceding the date fixed for the hearing of the appeal, by the appellant personally by notice in writing given to the chairman of the Appeal Board,
or a person appointed in like manner to be his deputy.
(2) The Authority shall take the necessary action in regard to a person appointed to the Appeal Board pursuant to subsection (1)(c) as will ensure his attendance at each sitting of the Appeal Board.
(3) For the purposes of the provisions of this Act relating to appeals to the Appeal Board a reference to the industrial union shall be construed as a reference to the industrial union of workers or a trade union registered under a law of the State or the Commonwealth relating to the conciliation and arbitration of industrial disputes or the registration of trade unions of which the appellant is or was at the relevant time a member.
[Section 78 inserted: No. 29 of 1907 s. 8; amended: No. 56 of 1926 s. 3; No. 78 of 1948 s. 6 and 26; No. 13 of 1954 s. 2; No. 8 of 1959 s. 2; No. 27 of 1976 s. 3; No. 31 of 2003 s. 139(1); No. 59 of 2004 s. 141.]
[**79.** Omitted under the Reprints Act 1984 s. 7(4)(g).]