Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1989 No. 108 of 1989 - SECT 38

38. Section 25 of the Principal Act is amended:

   (a)  by omitting subsection (3) and substituting the following subsections:

"(3) The Chairman shall preside at all hearings at which the Chairman is
present.

"(3A) If the Chairman is not present at a hearing at which there are 2 or more
members, the members present shall elect one of their number to preside at
that hearing.

"(3B) Questions arising at a hearing shall be determined by a majority of the
votes of the members present.

"(3C) The person presiding at a hearing has a deliberative vote, and, if
necessary, also has a casting vote.

"(3D) The Authority may regulate the conduct of proceedings at a hearing as it
thinks fit.";

   (b)  by inserting after subsection (9) the following subsections:

"(9A) Subject to subsection (9B), the Chairman may, in writing, vary or revoke
a direction under subsection (9).

"(9B) The Chairman shall not vary or revoke a direction if to do so might
prejudice the safety or reputation of a person or prejudice the fair trial of
a person who has been or may be charged with an offence.".