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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) . - I move -

Omit sub-clause (5.) and insert the following sub-clause - " (5.) The Tribunal as constituted, in accordance with section 18 of this Act, for the purposes of proceedings under this section may consist of or include the member, or all or any of the members, who constituted the Tribunal in the proceedings in which the determination that is to be reconsidered was made.".

This amendment is necessary to clear up a point which may cause some concern at some time. There is provision in clause 18(2.) of the Bill that all parties can agree to have a single presidential member hear a matter instead of a tribunal composed of one presidential member and two other members. By omitting sub-clause (5.) and substituting the sub-clause which I propose it will be made clear that the provision refers to the Tribunal in both circumstances. I am sure the Committee will have no difficulty about this amendment.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 66. (1.) The Tribunal (other than the Tribunal constituted as a Review Division) may, of its own motion, or, if it thinks fit, on the application of a party, refer a question of law arising in proceedings before it for determination by the Court, but a decision so to refer a question shall not be made by a Division of the Tribunal without the concurrence of the presidential member presiding. (2.) Jurisdiction is conferred on the Court to hear and determine a question of law referred to it under this section, but the Court may, for special reasons, decline to answer such a question.

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