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Land and Environment Court Act 1979
43Commissioners sitting with a Judge
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#### 43 Commissioners sitting with a Judge
43 Commissioners sitting with a Judge
> > (1) Where proceedings are pending in Class 8 of the Court’s jurisdiction before a Judge, the Court may, in hearing the proceedings, or any part of the proceedings, be assisted by one or more Commissioners.
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> > (2) A Commissioner assisting the Court as referred to in subsection (1) may assist and advise the Court, but shall not adjudicate on any matter before the Court.
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> > (3) A Judge before whom proceedings referred to in subsection (1) are pending may commence or continue the hearing of the proceedings, or any part of the proceedings—
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> > > (a) without the assistance of a Commissioner who is not available or has ceased to be available to assist in the hearing of the proceedings or part of the proceedings, and
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> > > (b) without the assistance of Commissioners generally if, in the opinion of the Judge, the proceedings or part of the proceedings concern or concerns a question of law only.
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> **s 43:** Rep 2001 No 121, Sch 2.132 \[3\]. Ins 2008 No 107, Sch 14 \[10\].