(1) The President may, in writing, authorise a member to perform or exercise a function or power of the Tribunal if:
(a) the President could authorise:
(i) a registrar to perform or exercise the function or power (see section 285); or
(ii) a staff member to perform or exercise the function or power (see section 286); or
(b) the rules prescribe that a member may be authorised to perform or exercise the function or power; or
(c) the function or power is a function or power under a provision listed in the following table.
Authorisations for members | ||
Item | Column 1 Provision | Column 2 Summary of topic of provision |
1 | Part 3 | starting a review |
2 | Division 5 of Part 4 | Tribunal procedure |
3 | section 69 | hearings to be in public unless practice directions or Tribunal order requires otherwise |
4 | section 70 | Tribunal may restrict publication or disclosure of information |
6 | section 78 | inspection of documents produced under summons |
7 | Subdivision B of Division 6 of Part 4 | management of proceedings |
8 | Subdivision A of Division 8 of Part 4 | withdrawing and dismissing applications |
9 | section 105 | Tribunal decision on review of reviewable decision |
10 | section 107 | |
10A | section 108 | effect of Tribunal decision to vary or substitute a reviewable decision |
11 | Division 10 of Part 4 | after proceeding ends |
12 | section 127 | Tribunal decision continues to operate unless Tribunal orders otherwise |
13 | Part 6 (other than section 161) | proceedings in Intelligence and Security jurisdictional area |
14 | Division 5 of Part 7 | referring questions of law |
(2) However, a function or power of the Tribunal under section 54, 105, 107, 108, 111 or 163 may be performed or exercised by a member if and only if it relates to the performance or exercise of a function or power by the member under section 103.