44Authorisation of person to take evidence

44 Authorisation of person to take evidence

(1)  The Tribunal may authorise, in writing, a person (whether or not a member) to take evidence on behalf of the Tribunal for the purposes of any proceedings.

(2)  [Section 44 Subsection (2) amended by No. 18 of 2021, s. 205, Applied:05 Nov 2021] The Tribunal's power under subsection (1) to authorise the taking of evidence is exercisable only by the President, or a Deputy President or senior member, constituting in whole or in part the Tribunal for the proceedings.

(3)  A person may take evidence under this section outside Tasmania if authorised to do so by the Tribunal.

(4)  The Tribunal may give directions as to the taking of evidence under this section.

(5)  If a person other than a member is authorised to take evidence –

(a) the person has all the powers of a member in relation to the taking of evidence; and

(b) section 53(2)(b) applies as if the person were the Tribunal.

(6)  Evidence taken under this section –

(a) is to be taken to be evidence given to the Tribunal; and

(b) in the case of evidence taken outside Tasmania, is to be taken to have been given in Tasmania.