Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 61CN

  (1)   If the hearing of an application has been commenced or completed by a Conscientious Objection Tribunal but, before the proceeding has been determined, one of the members constituting the Tribunal for the purposes of the application has:

  (a)   ceased to be a member; or

  (b)   ceased to be available for the purposes of the application;

the following provisions have effect:

  (c)   if the member concerned is a member other than a member appointed as a presiding member--the hearing and determination, or the determination, of the application may be completed by the Tribunal constituted by the remaining 2 members;

  (d)   in any other case--the proceeding must be reheard by another Tribunal.

  (2)   If an application that was being dealt with by one Tribunal is reheard by another Tribunal, that other Tribunal may, for the purposes of that application, have regard to any record of the proceedings before the first - mentioned Tribunal.

  (3)   The reference in subsection   ( 2) to a record of proceedings includes a reference to a record of any evidence taken in the proceeding.