Page 3401 - Week 09 - Wednesday, 20 August 2008

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11

Clause 39 (1)

Page 21, line 17—

omit clause 39 (1), substitute

(1) This section applies in relation to an application, or part of an application, if the tribunal is satisfied that the right to a public hearing is outweighed by competing interests.

Note See s (4) in relation to competing interests.

12

Clause 39 (2)

Page 22, line 1—

omit

If this section applies in relation to an application, or part of an application, the tribunal may

substitute

The tribunal may

13

Proposed new clause 39 (2A)

Page 22, line 14—

insert

(2A) The tribunal may make an order under subsection (2) on application by a party or on its own initiative.

14

Clause 41 (3)

Page 25, line 1—

after

inspect

insert

, or make a copy of,

15

Clause 41 (5) (b)

Page 25, line 18—

omit clause 41 (5) (b), substitute

(b) include—

(i) a statement to the effect that the person may be represented before the tribunal by a lawyer or someone else; and

(ii) if the rules prescribe someone who may not represent the person—a statement that the other person may not represent the person; and

(iii) a statement to the effect that the person may wish to obtain legal advice in relation to the subpoena; and


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