ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 40   POWERS OF TRIBUNAL ETC.  

40(1)  
For the purpose of reviewing a decision, the Tribunal may:


(a) take evidence on oath or affirmation;


(b) proceed in the absence of a party who has had reasonable notice of the proceeding; and


(c) adjourn the proceeding from time to time.

40(1A)  
(Repealed by No 60 of 2015)

40(1B)  
(Repealed by No 60 of 2015)

40(1C)  
(Repealed by No 60 of 2015)

40(1D)  
(Repealed by No 60 of 2015)

40(1E)  
(Repealed by No 60 of 2015)

40(2)   Oath or affirmation.  

The member who presides at the hearing of a proceeding before the Tribunal:


(a) may require a person appearing before the Tribunal at that hearing to give evidence either to take an oath or to make an affirmation; and


(b) may administer an oath or affirmation to a person so appearing before the Tribunal.


(c) (Repealed by No 60 of 2015)

Power to take evidence

40(3)  


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


(a) the presiding member in relation to the review; or


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

40(4)  


The evidence power may be exercised:


(a) inside or outside Australia; and


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

40(5)  


If a person other than the presiding member has the evidence power:


(a) the person has, for the purpose of taking the evidence, the powers of the Tribunal and the presiding member under subsections (1) and (2); and


(b) this Act 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 or the presiding member.

40(6)  
(Repealed by No 60 of 2015)

40(7)   Incidental proceedings.  

The application of this section extends to a directions hearing under this Act or an alternative dispute resolution process under Division 3 (an incidental proceeding ) as if it were a proceeding before the Tribunal and a power that under this section is conferred on the Tribunal or a member of the Tribunal for the purpose of reviewing a decision may be exercised for the purposes of an incidental proceeding by the person holding the directions hearing or the person conducting the alternative dispute resolution process, as the case may be.




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