Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A hearing by a Committee shall be convened by, and shall be held at a place determined by, the Chairperson.
(2) Subject to subsection (2A), the Chairperson shall, at least 28 days before the commencement of a proposed hearing in relation to a person, give a notice in writing to the person setting out:
(a) the time and place of the proposed hearing; and
(b) particulars of the matter to which the proposed hearing relates.
(2A) Where a Committee makes a determination, under subsection 124FA(1) or (2) or 124FE(1) or (2), that the Committee should consider a matter in relation to a person, the Chairperson shall, at least 28 days before the commencement of a proposed hearing in relation to that matter, give a notice in writing to the person setting out:
(a) the time and place of the proposed hearing; and
(b) particulars of the matter to which the proposed hearing relates.
(3) At a hearing by a Committee, the Chairperson or, in the absence of the Chairperson as described by subsection (7), another member of the Committee nominated by the Minister shall preside.
(4) Where a Committee conducts a hearing in relation to a person:
(a) a relevant party may attend the hearing in person, and may be represented at the hearing by another person; and
(b) where the relevant party so attends the hearing or is so represented at the hearing--the relevant party or the representative, as the case requires, shall be given the opportunity to give evidence, and to call witnesses, on behalf of the relevant party, to examine other witnesses appearing at the hearing and to address the Committee.
(5) At a hearing conducted by a Committee:
(a) the procedure of the hearing is, subject to this Act and the regulations, within the discretion of the Committee;
(b) the hearing shall be conducted with as little formality and technicality, and with as much expedition, as requirements of this Act, and a proper consideration of the matter before the Committee, permit; and
(c) the Committee is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks appropriate.
(5A) A Committee may:
(a) conduct simultaneously a hearing pursuant to a notice under subsection 23DL(4) and a hearing or hearings pursuant to a determination or determinations made under subsection 124FA(1) or (2) in the course of proceedings in relation to that notice; and
(b) conduct simultaneously a hearing pursuant to a notice under subsection 124D(2) and a hearing or hearings pursuant to a determination or determinations made under subsection 124FE(1) or (2) in the course of proceedings pursuant to that notice.
(5B) The regulations may make provision in relation to the procedure to be followed in conducting a hearing by a Committee pursuant to a determination under subsection 124FA(1) or (2) or 124FE(1) or (2).
(6) A Committee may take evidence at a hearing on oath or affirmation, and any member may administer an oath or affirmation for that purpose.
(7) Where a Committee has commenced a hearing in relation to a practitioner and, before the Committee makes a determination, a member of the Committee has ceased to be such a member or, for any other reason, is unable to take any further part in the hearing or in the making of the determination, the remaining members of the Committee may, if the practitioner consents, constitute the Committee for the purpose:
(a) if the hearing has not been completed--of completing the hearing; and
(b) if a majority of the remaining members agree as to what determination should be made--of making the determination.
(8) If, for any reason, after a Committee has been established under subsection 124E(1) or (3), it is not reasonably practicable for the Committee to continue to perform its functions, the Chairperson shall establish another Committee under that subsection to make the determination, and that Committee:
(a) may have regard to any evidence and other material given to, and arguments adduced before, the first - mentioned Committee and the reasons for any decision made by the first - mentioned Committee; and
(b) if the first - mentioned Committee has completed a hearing in relation to the person--notwithstanding subsection 124G(1), is not required to conduct a hearing in relation to the person.
(9) A Committee is not empowered to order the payment of costs.
(10) In this section, relevant party , in relation to a hearing by a Committee in relation to a person, means the person and:
(a) in the case of a hearing pursuant to a notice under subsection 23DL(4)--any person in relation to whom the Committee makes a determination under subsection 124FA(1) or (2) in the course of the proceedings pursuant to that notice; and
(b) in the case of a hearing pursuant to a determination made under subsection 124FA(1) or (2) in the course of proceedings pursuant to a notice under subsection 23DL(4):
(i) the person to whom the notice under subsection 23DL(4) relates; and
(ii) any other person in relation to whom the Committee makes a determination under subsection 124FA(1) or (2) in the course of those proceedings; and
(c) in the case of a hearing pursuant to a notice under subsection 124D(2) in respect of a relevant offence or a relevant civil contravention under Division 2 or 3 of Part IIBA--any person in relation to whom the Committee makes a determination under subsection 124FE(1) or (2) in the course of proceedings pursuant to that notice; and
(d) in the case of a hearing pursuant to a determination made under subsection 124FE(1) or (2) in the course of proceedings pursuant to a notice under subsection 124D(2):
(i) the person to whom the notice under subsection 124D(2) relates; and
(ii) any other person in relation to whom the Committee makes a determination under subsection 124FE(1) or (2) in the course of those proceedings.