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\[12\] \[13\].