Fisheries Management Act 1994 No 38
Historical version for 2 March 2012 to 8 March 2012 (accessed 22 May 2013 at 02:01)
Current version
86 Procedure at appeals
(1) In proceedings before the Share Appeal Panel:(a) the procedure of that Panel is, subject to this Act and the
regulations, to be determined by the Panel, and
(b) the proceedings are to be conducted with as little formality and
technicality, and as quickly, as the requirements of this Act and the proper
consideration of the matter permit, and
(c) that Panel is not bound by the rules of evidence but may inform
itself on any matter in any way it thinks
appropriate.
(2) The time, date and place for the hearing of an appeal is to be
fixed by the Chairperson of that Panel and notified in writing by the
Chairperson to each party to the appeal.
(3) The Chairperson of that Panel is to preside at any hearing of an
appeal.
(4) At the hearing of an appeal, a party to the appeal may appear in
person or be represented by an Australian legal practitioner or any other
person.
(5) Hearings may be conducted in public or in
private.
(6) The Panel may, with the approval of the appellants, hear 2 or more
appeals together.
(7) An appeal may be heard and determined despite the absence or
vacancy in the office of one of its members (other than the Chairperson). This
subsection applies only if the appellant consents to the continuation of the
hearing.
(8) An appeal may continue to be heard and determined despite a change
in the membership of the Panel (other than the
Chairperson).
(9) An appeal and any question concerning the appeal are to be
determined according to the opinion of the majority of the members of the
Panel hearing the appeal. If there are only 2 members, they are to be
determined according to the opinion of the
Chairperson.