Division 6 General provisions relating to Tribunal

91A   Proceedings before Tribunal

(1)  The provisions of the Consumer, Trader and Tenancy Tribunal Act 2001, and of the regulations made under that Act, apply in relation to proceedings before the Tribunal under this Act, subject to any modifications prescribed by the regulations.

(2)  In this section, a reference to proceedings includes a reference to the whole of proceedings, from the time that an application is made to the Tribunal until the application has been finally determined.

92   Tribunal may dispense with formalities

(1)  Before it makes an order under Division 4 or 5 (except an order for a stay of proceedings) the Tribunal must investigate the application for the order or, in the case of an appeal, the grounds for the appeal.

(2)  The investigation must be made without regard for legal forms or technicalities.

(3)  The Tribunal is not bound to apply the rules of evidence and may inform itself in any way it pleases.

(4)  The Tribunal need not hold a hearing in order to decide an application or appeal unless there is an appearance by a person entitled or required to appear before it.

(5)  A hearing need not be formal.

(6)  Before deciding whether or not to make an order, the Tribunal must take into account the relative market position, economic resources and commercial sophistication of the parties.

93   Appearance before Tribunal

(1)  A person who:

(a)  applies for an order under Division 3 or 4, or

(b)  makes a written submission on such an application, or

(c)  is, or whose conduct is, the subject of an application,

      may appear, or be represented, before the Tribunal dealing with the application.

(2)  A person who:

(a)  appeals to the Tribunal, or

(b)  is entitled to be served with a notice of an appeal to the Tribunal, or

(c)  is, or whose conduct is, the subject of an appeal to the Tribunal,

      may appear, or be represented, before the Tribunal dealing with the appeal.

(3)  Representation before the Tribunal may be by an Australian legal practitioner, or by an agent authorised in writing.

(4)  A representative may examine witnesses and address the Tribunal.

94   Summons to appear before Tribunal

(1)  The member who constitutes the Tribunal, or the Registrar with the authority of the member, may summon a person to attend the Tribunal at the time and place stated in the summons and then and there:

(a)  give evidence, and

(b)  produce any documents specified in the summons that are in the custody, or under the control, of the person summoned.

(2)  A summons may be issued at the request of:

(a)  a person whose application or appeal is to be, or is being, dealt with by the Tribunal, or

(b)  a person given notice by the Registrar of such an application or appeal, or

(c)  the agent of a person referred to in paragraph (a) or (b),

      on payment of the prescribed fee.

(3)  A person is not bound to produce any documents:

(a)  that are not specified or sufficiently described in the summons, or

(b)  that the person would not be bound to produce on a subpoena for production in the Supreme Court.

(4)  A summons need not be obeyed by a person whose reasonable expenses for attendance as required by the summons have not been tendered.

(5)  A person who disobeys a summons is guilty of an offence unless reasonable cause for the disobedience is proved.

Maximum penalty—subsection (5): 10 penalty units in the case of a corporation or, in any other case, 5 penalty units or imprisonment for 6 months, or both.

95   Examination of witness on oath

(1)  The Tribunal may administer an oath to a witness and may examine a witness on oath.

(2)  A witness in proceedings before the Tribunal:

(a)  has the same protection, and

(b)  in addition to any liability under this Act is subject to the same liabilities,

      as a witness in proceedings before the Supreme Court.

(3)  If a witness in proceedings before the Tribunal:

(a)  refuses to take an oath, or

(b)  refuses to answer a question that is relevant to the proceedings and is put to him or her by the Tribunal or a person entitled to appear in the proceedings, or

(c)  knowingly gives false evidence to the Tribunal,

      the witness is guilty of an offence.

Maximum penalty—subsection (3): 5 penalty units or imprisonment for 6 months, or both.

96   Contempt of Tribunal

(1)  A person who wilfully:

(a)  insults or disturbs the Tribunal, or

(b)  interrupts the proceedings of the Tribunal, or

(c)  speaks or writes words about the Tribunal that are false or defamatory, or

(d)  is in any other way in contempt of the Tribunal,

      is guilty of an offence.

Maximum penalty: 5 penalty units or imprisonment for 6 months, or both.

(2)  If a person commits an offence under subsection (1) in the face of the Tribunal, the Magistrate who constitutes the Tribunal has the same powers as the Local Court has in relation to a contempt in the face of the Local Court.

97   Order and records to be sent to Registrar

The Tribunal must, on making an order under Division 4 or 5, send it to the Registrar together with all the records of the Tribunal relating to the application for the order or to the appeal.

97A   Intervention by Director-General

(1)  The Director-General may intervene in proceedings before the Tribunal if the Director-General is of the opinion that it would be in the public interest to do so.

(2)  The Director-General must intervene in proceedings before the Tribunal if directed to do so by the Minister.

(3)  The Director-General has a right to be heard personally or by an Australian legal practitioner or agent in proceedings before the Tribunal.

(4)  The Director-General, on intervening in any proceedings, becomes a party to the proceedings and has all the rights of such a party.

(5)  The Director-General is to bear the Director-General’s costs of intervening in proceedings before the Tribunal.