Div 8Other procedural and related provisions

Division 8—Other procedural and related provisions 59—Sittings The Tribunal will sit at such times and places as the President of the Tribunal may direct (including at different places at the same time). 60—Hearings in public (1) Subject to this or any other Act, proceedings before the Tribunal must be heard in public. (2) The Tribunal may, where it is satisfied that it is desirable to do so— (a) in the interest of justice; or (b) by reason of the confidential nature of the evidence to be given before the Tribunal; or (c) in order to expedite proceedings of the Tribunal; or (d) for any other reason that the Tribunal thinks sufficient, give directions— (e) requiring that a hearing, or part of a hearing, be held in private; or (f) prohibiting or restricting the publication of the name and address of a witness appearing before the Tribunal; or (g) prohibiting or restricting the publication of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or (h) prohibiting or restricting the disclosure to some or all of the parties to proceedings before the Tribunal of evidence given before the Tribunal or of the contents of any document produced to the Tribunal; or (i) excluding any person from the hearing before the Tribunal of any part of the proceedings. (3) A person must comply with a direction of the Tribunal under subsection (2). Maximum penalty: $10 000. 61—Preserving subject matter of proceedings (1) The Tribunal may, on such terms as appear just, make any order that may be necessary to preserve the subject matter of proceedings, or to otherwise protect the interests of a party, until questions arising in the proceedings have been finally determined. (2) The Tribunal's power to make an order under subsection (1) is exercisable by— (a) a Presidential member of the Tribunal; or (b) any other legally qualified member of the Tribunal who is authorised by the President of the Tribunal to make orders under this section. (3) The Tribunal may make the order on the application of a party or on its own initiative. (4) An order may be made under this section whether or not a person whose interests may be affected— (a) is a party; or (b) has been given an opportunity to be heard. (5) An order may be made under this section— (a) for a specified period; or (b) until a specified event or stage in the proceedings. (6) In making an order under this section, the Tribunal— (a) may require an undertaking as to costs or damages as it considers appropriate; and (b) may provide for the revocation of the order if specified conditions are met. (7) The Tribunal may assess any costs or damages referred to in subsection (6)(a) and any amount so assessed is recoverable as a debt in a court of competent jurisdiction. (8) The rules may place conditions on the Tribunal's power to make an order under this section. (9) The Tribunal's power under this section is in addition to, and does not limit, any power of the Tribunal under a relevant Act to make an order in the nature of an injunction or interim injunction. 62—Security as to costs etc (1) The Tribunal may order a party to proceedings before the Tribunal to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party. (2) The security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Tribunal directs. (3) The Tribunal may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given. (4) If security, or further security, or an undertaking, is not given in accordance with an order under this section, the Tribunal may order that the proceedings be dismissed (with costs), or that a determination (with costs) be made against the party. (5) The provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, the giving of an undertaking or the imposition of costs. (6) A member of the Tribunal who is not a legally qualified member of the Tribunal may not make an order under this section except with the concurrence of a legally qualified member. 63—Interlocutory orders The Tribunal has power, in relation to matters within its jurisdiction, to make interlocutory orders. 64—Conditional, alternative and ancillary orders and directions (1) The Tribunal may make orders and give directions on conditions the Tribunal considers appropriate. (2) The Tribunal may make orders in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with. (3) The Tribunal may, when making an ancillary order, provide that a decision of the Tribunal is to be implemented by a person who is not a party to the relevant proceedings. 65—Special referees (1) The Tribunal may refer any question arising in any proceedings to a special referee for the special referee— (a) to decide the question; or (b) to give his or her opinion in relation to it. (2) The Tribunal may adopt a special referee's decision or opinion, in whole or in part, or reject it. 66—Relief from time limits (1) The rules may provide for the Tribunal to extend or abridge a time limit for doing anything in connection with any proceedings, or the commencement of any proceedings, even though the limit is imposed under this Act or a relevant Act. (2) The extension— (a) may be authorised even though the time for complying has passed; and (b) may be given on conditions specified by the Tribunal. 67—Electronic hearings and proceedings without hearings (1) If the Tribunal thinks it appropriate, it may allow the parties and their representatives and any witnesses (or 1 or more of them) to participate in a hearing in any proceedings by means of telephone, video link, or any other system or method of communication. (2) If the Tribunal thinks it appropriate, it may conduct all or part of any proceedings entirely on the basis of documents without the parties or their representatives or any witnesses attending or participating in a hearing. (3) If the Tribunal acts under this section, the Tribunal is to take steps to ensure that the public has access to, or is precluded from access to, matters disclosed in the proceedings to the same extent as if the proceedings had been heard before the Tribunal with the attendance in person of all persons involved in the proceedings. 68—Completion of part‑heard matters A person who ceases to hold office as a member of the Tribunal (other than on account of having his or her appointment revoked or being removed from office) may nevertheless continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part‑heard by the person when he or she ceased to hold that office. 69—Other claims of privilege (1) A person is excused from answering a question or producing a document or other material in any proceedings if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. (2) The Tribunal may require a person to produce a document or other material to it for the purpose of determining whether or not it is a document or material that the Tribunal has power to compel the person to produce.