Page:Australian Copyright Act 1968 (63 of 1968).pdf/61

 No. 63 146.—(1.) Sittings of the Tribunal shall be held at such places and times as the President determines.

(2.) Subject to the next succeeding sub-section, the Tribunal shall be constituted by a single member.

(3.) Where—
 * (a) the Tribunal holds an inquiry under section 148 of this Act; or
 * (b) any party to an application or reference requests that the Tribunal be constituted by more than one member for the purposes of that application or reference,

the Tribunal shall, for the purposes of the inquiry, application or reference, be constituted by not less than two members of whom one shall be the President or the Deputy President, but nothing in this sub-section prevents a single member exercising the powers of the Tribunal in relation to matters of procedure.

(4.) At a proceeding before the Tribunal constituted by more than one member—
 * (a) if the President is one of the members constituting the Tribunal—he shall preside; and
 * (b) in any other case—the Deputy President shall preside.

(5.) Where the Tribunal constituted by more than one member is divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but if the Tribunal as so constituted is equally divided in opinion, the question shall be decided according to the opinion of the President or, if he is not one of the members constituting the Tribunal, according to the opinion of the Deputy President.

(6.) The Tribunal constituted by a member or members may sit and exercise the powers of the Tribunal notwithstanding that the Tribunal constituted by another member or other members is at the same time sitting and exercising those powers.

(7.) The exercise of the powers of the Tribunal is not affected by a vacancy or vacancies in the membership of the Tribunal.

(8.) Where a proceeding is commenced before the Tribunal constituted by two or more members and one of those members has become unable to continue to sit or has ceased to be a member, whether by death or otherwise, the remaining member or members may continue the hearing of the proceeding.

147. The President may give directions as to the arrangement of the business of the Tribunal and, subject to sub-section (3.) of the last preceding section, as to the constitution of the Tribunal for the purposes of particular proceedings.