41Constitution of Division by one member in exceptional circumstances

41 Constitution of Division by one member in exceptional circumstances

(1) Despite section 40, a Division may be constituted by one member if: (a) only one member of a Division is available to attend a hearing; and (b) the other members of the Division are unavailable to attend the hearing because of accident, illness, injury or other reason beyond their control. (2) If subsection (1) applies: (a) the Division is taken, for the purposes of the hearing, to be constituted by the sole available member until one of the other members becomes available to attend the hearing; and (b) while the sole available member is taken to constitute the Division, he or she is taken to have been nominated to preside at the meeting of the Division at which the hearing takes place. (3) In this section:

hearing includes part of a hearing.