162Reconstitution of AUSTEL

162 Reconstitution of AUSTEL

(1) This section applies where a member who constitutes AUSTEL, or who is one of the members who constitute AUSTEL, for the purposes of a particular arbitration (in this section called the unavailable member):

(a) stops being a member; or

(b) for any reason, is not available for the purpose of the arbitration at the place where the arbitration is being conducted.

(2) If the unavailable member constitutes AUSTEL, the Chairperson must direct another member or members to constitute AUSTEL for the purpose of finishing the arbitration. (3) If the unavailable member is one of the members who constitute AUSTEL, the Chairperson must either:

(a) direct that AUSTEL is to be constituted for the purposes of finishing the arbitration by the remaining member or members; or

(b) direct that AUSTEL is to be constituted for that purpose by the remaining member or members together with another member or members.

(4) Where a direction under subsection (2) or (3) is given, AUSTEL as constituted in accordance with the direction must continue and finish the arbitration and may, for that purpose, have regard to any record of the proceedings of the arbitration made by AUSTEL as previously constituted. (5) In exercising powers under this section, the Chairperson must have regard to the objective set out in subsection 159(1).