Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 63

63. (1) For the purposes of this Part, the Commission shall, from time to
time, arrange for the establishment of such Disciplinary Appeal Boards as are
required.

(2) A Disciplinary Appeal Board with respect to an appeal by an officer shall
be constituted by-

   (a)  a Chairman, who shall be a person appointed by the Minister to be the
        Chairman of a Disciplinary Appeal Board;

   (b)  an officer nominated by the Commission; and

   (c)  a person, nominated as provided by the regulations, to represent
        officers.

(3) A person shall not be appointed to be the Chairman of a Disciplinary
Appeal Board unless he is or has been a magistrate or is a barrister or
solicitor of not less than 5 years standing.

(4) A Chairman of a Disciplinary Appeal Board shall be paid such remuneration
as is determined by the Remuneration Tribunal, but, if no determination of
that remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed by the regulations.

(5) A Chairman of a Disciplinary Appeal Board shall be paid such allowances as
are prescribed by the regulations.

(6) Sub-sections (4) and (5) have effect subject to the Remuneration Tribunals
Act 1973-1974.

(7) Subject to sub-sections (4) and (5), the Chairman of a Disciplinary Appeal
Board holds office for such period, and upon such terms and conditions, as the
Minister determines.

(8) The officer referred to in paragraph (2) (b) and the person referred to in
paragraph (2) (c) shall be nominated for the purposes of a particular appeal
only, and an officer concerned in the laying of a charge against the appellant
or in the inquiry related to the charge shall not be nominated for the purpose
of an appeal relating to the charge.

(9) A Disciplinary Appeal Board may, when only 2 of the 3 members are present,
with the consent of the appellant and of the Commission, exercise all the
powers of a Disciplinary Appeal Board in respect of an appeal.

(10) Where, at a meeting of a Disciplinary Appeal Board, the members are
divided in opinion on a question, that question shall be decided according to
a decision of the majority but, if 2 members only are present and those
members are equally divided on a question, the appeal shall be deemed to be
adjourned for the purpose of being reheard by a Disciplinary Appeal Board.