sec.143AReferring matter to tribunal to consider reopening

sec.143A Referring matter to tribunal to consider reopening

This section applies if— an application or appeal is filed under section 143 ; and the appeal tribunal considers— the reasons for the application or appeal may constitute a reopening ground for the applicant or appellant in the proceeding to which the application or appeal relates; and the application or appeal could be more effectively or conveniently dealt with if it were taken to be an application under part 7 , division 7 for a proceeding to be reopened. The appeal tribunal may refer the matter to the tribunal to decide whether the proceeding should be reopened. If the appeal tribunal refers the matter— the applicant or appellant is taken— to have made an application for the proceeding to be reopened under section 138 ; and not to have made an application or appeal under section 143 ; and the appeal tribunal must give notice of the referral to— each party to the proceeding; and any other person the tribunal reasonably considers should be given notice of the referral. s 143A ins 2013 No. 35 s 154 (sec.143A-ssec.1) This section applies if— an application or appeal is filed under section 143 ; and the appeal tribunal considers— the reasons for the application or appeal may constitute a reopening ground for the applicant or appellant in the proceeding to which the application or appeal relates; and the application or appeal could be more effectively or conveniently dealt with if it were taken to be an application under part 7 , division 7 for a proceeding to be reopened. (sec.143A-ssec.2) The appeal tribunal may refer the matter to the tribunal to decide whether the proceeding should be reopened. (sec.143A-ssec.3) If the appeal tribunal refers the matter— the applicant or appellant is taken— to have made an application for the proceeding to be reopened under section 138 ; and not to have made an application or appeal under section 143 ; and the appeal tribunal must give notice of the referral to— each party to the proceeding; and any other person the tribunal reasonably considers should be given notice of the referral.

• (a) an application or appeal is filed under section 143 ; and
• (b) the appeal tribunal considers— (i) the reasons for the application or appeal may constitute a reopening ground for the applicant or appellant in the proceeding to which the application or appeal relates; and (ii) the application or appeal could be more effectively or conveniently dealt with if it were taken to be an application under part 7 , division 7 for a proceeding to be reopened.
• (i) the reasons for the application or appeal may constitute a reopening ground for the applicant or appellant in the proceeding to which the application or appeal relates; and
• (ii) the application or appeal could be more effectively or conveniently dealt with if it were taken to be an application under part 7 , division 7 for a proceeding to be reopened.