Tribunals Amalgamation Act 2015 (60 of 2015)
Schedule 1 Amendment of the Administrative Appeals Tribunal Act 1975
Administrative Appeals Tribunal Act 1975
102 Subsections 40(3) to (6)
Repeal the subsections, substitute:
Power to take evidence
(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.
(4) The evidence power may be exercised:
(a) inside or outside Australia; and
(b) subject to any limitations or requirements specified by the Tribunal.
(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.