93Continuation of Tribunal

93 Continuation of Tribunal (1) Subject to this Part, the Tribunal established by the Crown Lands Act 1992 as in force before the commencement of this Act continues in existence under this Act as if established by this Division. (2) Subject to subsection (8) and to section 113(3), the Tribunal shall consist of: (a) a person who: (i) is a lawyer who has been admitted to the legal profession for at least 10 years; and (ii) is a Supreme Court Judge or a Local Court Judge or is practising as a legal practitioner in the Territory, and who is appointed by the Administrator to be the Chairperson of the Tribunal; (ab) one other person who has the qualifications required under paragraph (a)(i) and (ii) and who is appointed by the Administrator to be the Deputy Chairperson of the Tribunal; and Pastoral Land Act 1992 84 (b) subject to subsection (5), in respect of each application or matter referred to it, 2 other members appointed by the Minister: (i) one of whom shall be appointed from a panel of 3 persons nominated by the relevant Land Council; and (ii) one of whom shall be appointed from a panel of 3 persons nominated by the relevant pastoral organisation. (3) The Minister shall, by notice in the Gazette, approve an organisation that, in the Minister's opinion, represents the interests of pastoralists in the Territory or a particular part of the Territory, for the purpose of nominating in pursuance of section 105 the panel for the purposes of subsection (2)(b)(ii). (4) A nomination of a panel for the purposes of subsection (2)(b) shall be in writing addressed to the Minister and shall be signed by or on behalf of the relevant Land Council or relevant pastoral organisation, as the case may be. (5) If a relevant Land Council or relevant pastoral organisation does not, within the period of 30 days after being required under section 105 to do so, nominate a panel of 3 persons of whom one is to be appointed to the Tribunal, the Minister shall, as soon as practicable after the expiration of the period, either: (a) appoint a person he or she thinks fit as a member in place of the member who would otherwise have been appointed from the panel nominated by the Land Council or organisation in default; or (b) decide not to make such an appointment, in which case the Tribunal shall be lawfully constituted without the appointment of that member. (6) A person who has a direct personal interest in the land the subject of an application or reference for consideration by the Tribunal, or in the outcome of the Tribunal's consideration of the application or reference, shall not be nominated, or be qualified to hold office, as a member of the Tribunal in relation to that application or reference. (7) The Tribunal is a statutory body within the meaning and for the purposes of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006. Pastoral Land Act 1992 85 (8) The Tribunal may, in the Chairperson's discretion, be constituted by the Chairperson or the Deputy Chairperson alone for the purposes of the Tribunal: (a) giving directions in any matter within its jurisdiction (including general practice directions by the Chairperson and directions in relation to a particular matter); or (b) performing its functions or exercising its powers under section 106(4), (5) or (6).