Administrative Appeals Tribunal Amendment Act 2005 (38 of 2005)

Schedule 1   Amendments

Administrative Appeals Tribunal Act 1975

172   Subsection 44(6)

Omit all the words after "again", substitute:

by the Tribunal:

(a) the Tribunal need not be constituted for the hearing by the person or persons who made the decision to which the appeal relates; and

(b) whether or not the Tribunal is reconstituted for the hearing - the Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Tribunal prior to the appeal (including a record of any evidence taken in the proceeding), so long as doing so is not inconsistent with the directions of the Court.

Note: The following heading to subsection 44(6) is inserted "Constitution of Tribunal if Federal Court remits case etc.".