Part 15Mineral Resources (Sustainable Development) Act 1990

Part 15—Mineral Resources (Sustainable Development) Act 1990 Sch. 1 cl. 51 amended by No. 63/2006 s. 61(Sch. item 32.2). 51 Costs Nothing in section 109 applies to a proceeding under the **Mineral Resources (Sustainable Development) Act 1990**[[9]](#endnote-10). Sch. 1 Pt 15AA (Heading and cls 51AA–51AC) inserted by No. 49/2005 s. 67(2). Part 15AA—Owner Drivers and Forestry Contractors Act 2005 Sch. 1 cl. 51AA inserted by No. 49/2005 s. 67(2). 51AA Representation In a proceeding under Part 5 of the **Owner Drivers and Forestry Contractors Act 2005**, a party may be represented by— (a) a professional advocate; or (b) the party's negotiating agent (within the meaning of that Act); or (c) in the case of a party that is a contractor—an association, including a trade union, that represents contractors or a class of contractors; or (d) in the case of a party that is a hirer—an association that represents hirers or a class of hirers. Sch. 1 cl. 51AB inserted by No. 49/2005 s. 67(2). 51AB Costs (1) In determining whether to make an order for costs in a proceeding under the **Owner Drivers and Forestry Contractors Act 2005**, the Tribunal may have regard to whether a party refused to take part in, or withdrew from, alternative dispute resolution conducted under Part 5 of that Act. (2) Subclause (1) is in addition to the matters that the Tribunal may have regard to under section 109(3). Sch. 1 cl. 51AC inserted by No. 49/2005 s. 67(2). 51AC Effect of certain orders Section 118(1) does not apply to an order made under section 46 or 51 of the **Owner Drivers and Forestry Contractors Act 2005**. Sch. 1 Pt 15A (Heading and cl. 51A) inserted by No. 92/1998 s. 13, repealed by No. 61/2005 s. 223. Sch. 1 Pt 15AB (Heading and cl. 51AD) inserted by No. 69/2006 s. 223. Part 15AB—Owners Corporations Act 2006 Sch. 1 cl. 51AD inserted by No. 69/2006 s. 223. 51AD Any member of Tribunal may make a declaration Despite anything to the contrary in section 124, a declaration may be made in a proceeding under the **Owners Corporations Act 2006** by the Tribunal constituted by any member. Sch. cl. 51ADA inserted by No. 63/2010 s. 80. 51ADA Tribunal may make orders for costs incurred by owners corporations (1) The Tribunal may make an order for costs under section 109 incurred by a lot owner or an owners corporation, either directly or indirectly (including the costs of professional and volunteer managers), in an application to the Tribunal relating to the recovery of fees and charges imposed by an owners corporation under Division 1 of Part 3 of the **Owners Corporations Act 2006**. (2) Costs awarded under subclause (1) are not limited to costs incurred by a professional advocate under section 62. Sch. 1 Pt 15AC (Heading and cl. 51AE) inserted by No. 39/2010 s. 131. Part 15AC—Pharmacy Regulation Act 2010 Sch. 1 cl. 51AE inserted by No. 39/2010 s. 131. 51AE Constitution of Tribunal for hearings The Tribunal is to be constituted for the purposes of a proceeding under Division 5 of Part 3 of the **Pharmacy Regulation Act 2010** by at least 3 members of whom at least 2 must be registered pharmacists that are regulated under the Health Practitioner Regulation National Law. Sch. 1 Pt. 15AD (Heading and cls 51AF–51AJ) inserted by No. 57/2014 s. 165. Part 15AD—Powers of Attorney Act 2014 Sch. 1 cl. 51AF inserted by No. 57/2014 s. 165. 51AF Constitution of Tribunal for proceedings The Tribunal is to be constituted for the purposes of a rehearing under Division 4 of Part 8 of the **Powers of Attorney Act 2014** by— (a) a senior member or presidential member, if the order at first instance was made by the Tribunal constituted by an ordinary member; (d) a Vice President, if the order at first instance was made by the Tribunal constituted by more than one member (except where one or more of the members was a Vice President); (e) the President, if the order at first instance was made by the Tribunal constituted by a Vice President (whether with or without others). Sch. 1 cl. 51AG inserted by No. 57/2014 s. 165. 51AG Public Advocate may intervene or be joined in a proceeding under Part 8 of the **Powers of Attorney Act 2014**. Sch. 1 cl. 51AH inserted by No. 57/2014 s. 165. 51AH Referral to administrators for report (1) The Tribunal may refer any matter relating to a proceeding under Part 8 of the **Powers of Attorney Act 2014** to a government department, public authority, service provider, the Public Advocate or a guardian or administrator appointed under that Act for investigation and report. (2) A person or body to whom a matter is referred under this clause must investigate and report to the Tribunal on that matter. (3) The Tribunal must not determine a question referred to a person or body under this clause unless the Tribunal has received and considered the report of the person or body. Sch. 1 cl. 51AI inserted by No. 57/2014 s. 165. 51AI Proceeding not invalidated by failure to give notice A hearing or order of the Tribunal in a proceeding under Part 8 of the **Powers of Attorney Act 2014** is not invalidated or affected only because of a failure to give notice— (a) to a person in respect of whom an application has been made, if the Tribunal— Sch. 1 cl. 51AJ inserted by No. 57/2014 s. 165. 51AJ Confidentiality of proceedings (1) Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding under Part 8 of the **Powers of Attorney Act 2014** that identifies, or could reasonably lead to the identification of, a party to the proceeding. (2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so. (3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding.