53Reconstitution of Commission during proceedings

53 Reconstitution of Commission during proceedings

53 Reconstitution of Commission during proceedings

(1) The President may replace the member, or one of the members, constituting the Commission after the consideration of a matter by the Commission has commenced if, before the matter is determined, the member—

(a) becomes unavailable for any reason, or

(b) ceases to be a member, or

(c) ceases to have a qualification required for participation in the proceedings.

(2) The President may not replace a member unless the President has first—

(a) afforded the parties an opportunity to make submissions about the proposed replacement, and

(b) taken their submissions into account.

(3) The Commission as reconstituted is to have regard to the evidence, submissions and decisions in relation to the matter that were given or made before the Commission was reconstituted.