Commonwealth Consolidated Acts

TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SECT 35

  (1)   The purpose of this section is to promote consistency between decisions made by the Australian Tribunal for the purposes of this Act and decisions made by the New Zealand Tribunal for the purposes of the New Zealand Act.

  (2)   In making decisions for the purposes of this Act, the Australian Tribunal is to have regard to decisions of the New Zealand Tribunal.

  (3)   For the purposes of a review of a decision referred to in subsection   33(1) of this Act, the President of the Australian Tribunal may, in the exercise of the power under paragraph   19A(1)(a) of the Administrative Appeals Tribunal Act 1975 , direct that the persons who are to constitute the Australian Tribunal for the purposes of that review include:

  (a)   the Chairperson of the New Zealand Tribunal; or

  (b)   a person included on the panel maintained under the New Zealand Act who is nominated by the Chairperson of the New Zealand Tribunal for the purposes of that review.

  (4)   The President of the Australian Tribunal must exercise the power given by subsection   (3) in accordance with arrangements made from time to time between the President and the Chairperson of the New Zealand Tribunal.

  (5)   A reference in any of the following provisions to a member includes a reference to a person included in a direction under subsection   (3) of this section:

  (a)   the definition of authorised member in subsection   3(1) of the Administrative Appeals Tribunal Act 1975 ;

  (b)   Part   III, IIIA, IV or VI of the Administrative Appeals Tribunal Act 1975 .

  (6)   In spite of anything in any other Act, the Chairperson of the New Zealand Tribunal, or a person included on the panel maintained under the New Zealand Act, is not entitled to remuneration or allowances in respect of service as a member of the Australian Tribunal as permitted by this Act.

  (7)   Service by a member of the Australian Tribunal on the New Zealand Tribunal under the New Zealand Act is taken for all purposes of Australian law to be service as a member of the Australian Tribunal.