114Application of Part 5 of PIC Act

114 Application of Part 5 of PIC Act

114 Application of Part 5 of PIC Act

(1) The following provisions of Part 5 of the PIC Act apply in relation to merit review proceedings with the modifications specified by subrules (2) and (3)—

(a) section 42 (Guiding principle to be applied to practice and procedure),

(b) section 43 (Procedure before Commission generally),

(c) section 46 (Service of documents outside the State),

(ca) section 47 (Intervention by Authority),

(d) section 54 (Dismissal of proceedings).

Note.

Section 41(2) of the PIC Act enables the Commission rules to make provision for the application of Part 5 of the PIC Act, whether with or without modification, to proceedings before a merit reviewer.

(2) A function given to the Commission in section 42 or 43 of the PIC Act is to be read as being given to the merit reviewer conducting the merit review proceedings.

(3) A function given to the Commission in section 46 or 54 of the PIC Act is to be read as being given to the President.

(3A) A reference to the Commission in the PIC Act, section 47 is taken to be a reference to the merit reviewer conducting the merit review proceedings.

(4) This rule has effect subject to any different procedure provided by these Rules for the merit review proceedings.

rule 114: Am 2022 (170), Sch 1[12] [13].