Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 125

When section applies

  (1)   This section applies if a member (the unavailable member ) who constitutes the Tribunal, or who is one of the members who constitutes the Tribunal, for the purposes of a particular inquiry:

  (a)   stops being a member; or

  (b)   for any reason is not available for the purpose of the inquiry.

Where unavailable member constituted Tribunal

  (2)   If the unavailable member constitutes the Tribunal, the President must direct another member or members to constitute the Tribunal for the purposes of finishing the inquiry.

Other cases

  (3)   If the unavailable member is one of the members who constitute the Tribunal, the President must either:

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

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

Member who is reappointed

  (4)   For the purposes of subsections   (2) and (3), a member who stops being a member and at a later time becomes a member again is taken, from that later time, to be another member.

Tribunal may have regard to previous proceedings

  (5)   The Tribunal as constituted in accordance with a direction under subsection   (2) or (3) must continue and finish the inquiry and may, for that purpose, have regard to any record of the proceedings of the inquiry made by the Tribunal as previously constituted.