64Constitution of Tribunal in proceedings

64 Constitution of Tribunal in proceedings (1) Subject to the rules, the Tribunal is to be constituted for the purposes of any particular proceeding by 1, 2, 3, 4 or 5 members. Note to s. 64(1) inserted by No. 23/2014 s. 10. The rules may provide for the Tribunal to be constituted by the principal registrar for performing certain functions—see section 157A. If so, a registrar may also perform those functions—see section 32(3). (2) If the Tribunal is to be constituted at a proceeding— S. 64(2)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.5). (a) by one member only, that member must be an Australian lawyer; and S. 64(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 105.5). (b) by more than one member, at least one must be an Australian lawyer. (3) The President determines how the Tribunal is to be constituted for the purposes of each proceeding. S. 64(4) inserted by No. 62/2014 s. 29. (4) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by any member, then any member of the Tribunal may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding. As section 80(2) provides that the Tribunal's power to give directions is exercisable by any member, any member may give directions in a proceeding under Division 5 of Part 3 of the **Pharmacy Regulation Act 2010** even though clause 51AE of Schedule 1 requires the Tribunal to be constituted by at least 3 members for the purposes of proceedings under that Division. S. 64(5) inserted by No. 62/2014 s. 29. (5) If a provision of this Act, the rules or an enabling enactment provides that a power of the Tribunal is exercisable by the principal registrar, then the principal registrar may exercise that power in a proceeding despite any provision of this Act or an enabling enactment that requires the Tribunal to be constituted in a particular way for the purposes of the proceeding. S. 64(6) inserted by No. 6/2025 s. 177. (6) Subsections (1) and (2) do not apply to any RDRV proceeding.