(1) For the purposes
of this Division the IR Commission is to be constituted by a single
commissioner.
(2) Despite
subsection (1), the IR Commission may be constituted by more than
one commissioner if —
(a) the
terms of the relevant referral agreement so require; or
(b) the
terms of the relevant referral agreement so permit and the parties to the
referral so request,
and the Chief
Commissioner is of the opinion that it is practicable and appropriate to so
constitute the IR Commission.
(3) The Chief
Commissioner is to have regard to the terms of the referral agreement when
assigning or appointing a commissioner or commissioners to constitute the
IR Commission for the purposes of this Division but is not obliged to
comply with those terms.