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.
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