Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 2   Migration amendments

Part 1   Main amendments

Migration Act 1958

55   Section 364

Repeal the section, substitute:

364 Tribunal's power to take evidence

(1) The power (the evidence power ) of the Tribunal under paragraph 363(1)(a) to take evidence on oath or affirmation in a particular review may be exercised on behalf of the Tribunal by:

(a) a member conducting the review; or

(b) another person (whether or not a member) authorised in writing by that member.

(2) The evidence power may be exercised:

(a) inside or outside Australia; and

(b) subject to any limitations or requirements specified by the Tribunal.

(3) If a person other than a member conducting the review has the evidence power:

(a) the person has, for the purpose of taking the evidence, the powers of the Tribunal under subsection 363(1) and paragraphs 363(3)(c) and (d); and

(b) this Part applies in relation to the person, for the purpose of taking the evidence in the exercise of those powers, as if the person were the Tribunal; and

(c) the person must cause a record of any evidence taken to be made and sent to the member who authorised the person to exercise the evidence power; and

(d) for the purposes of section 360, if that member receives the record of evidence, the Tribunal is taken to have given the applicant an opportunity to appear before it to give evidence.