Immigration Advisers Licensing Act 2007

Provisions applying in relation to Tribunal

s 43

1 Oath of office
  • Each member of the Tribunal must, before entering on the performance of his or her functions as a member of the Tribunal, swear or affirm before a Judge of the High Court that he or she will faithfully and impartially perform his or her duties as a member of the Tribunal.

2 Term of office
  • (1) Every member of the Tribunal is to be appointed for a term not exceeding 3 years.

    (2) A member of the Tribunal is eligible for reappointment from time to time.

    (3) Where the term of office of a member of the Tribunal has expired, that member, unless he or she sooner dies or vacates office under clause 3, continues to hold office, by virtue of the appointment for the term that has expired, until—

    • (a) that member is reappointed; or

    • (b) a successor to that member is appointed; or

    • (c) that member is informed in writing by the Minister of Justice, acting in consultation with the Minister, that he or she is not to be reappointed and is not to hold office until a successor is appointed.

3 Vacation of office
  • (1) A member of the Tribunal may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

    (2) A member of the Tribunal is deemed to have vacated his or her office if he or she is, under the Insolvency Act 1967, adjudged bankrupt.

    (3) A member of the Tribunal may at any time resign his or her office by giving notice in writing to that effect to the Minister.

4 Remuneration
  • The chair and other members of the Tribunal are to be paid, out of public money, remuneration by way of fees, salary, or allowances and travelling allowances in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the chair or any other member were a member of a statutory board within the meaning of that Act.

5 Members of Tribunal
6 Witness summons
  • (1) For the purposes of any matter before the Tribunal, the Tribunal may, of its own volition, issue a summons to any person requiring that person to attend before the Authority and give evidence.

    (2) The summons must be in the prescribed form, and may require the person to produce before the Tribunal any books, papers, documents, records, or things in that person's possession or under that person's control in any way relating to the matter.

    (3) The power to issue a summons under this clause may be exercised by the Tribunal or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal.

7 Witnesses' expenses
  • (1) Every person attending the Tribunal on a summons, and every other person giving evidence before the Tribunal, is entitled, subject to subclause (2), to be paid, by the party calling that person, witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

    (2) The Tribunal may disallow the whole or any part of any sum payable under subclause (1).

    Schedule clause 7(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

8 Power to take evidence on oath
  • (1) The Tribunal may take evidence on oath and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath.

    (2) On any charge of perjury it is sufficient to prove that the oath was administered in accordance with subclause (1).

    Schedule clause 8(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

9 Protection and privileges of witnesses
  • Every person has the same privileges in relation to—

    • (a) the giving of information to the Tribunal; and

    • (b) the giving of evidence to, or the answering of questions put by, the Tribunal; and

    • (c) the production of papers, documents, records, or things to the Tribunal,—

    as witnesses have in a court of law.

10 Tribunal and members, etc, not personally liable
  • Neither the Tribunal, nor any member, officer, or agent of the Tribunal, is under any criminal or civil liability in respect of—

    • (a) any act done or omitted to be done in the course of performing or exercising any of their functions, duties, or powers under this Act or any rules made under this Act; or

    • (b) any words spoken or written at, for the purposes of, the hearing or any inquiry or other proceedings under this Act or any rules made under this Act; or

    • (c) anything contained in any notice given under this Act or any rules made under this Act,—

    unless the Tribunal or person has acted in bad faith.

11 Tribunal to have seal
  • The Tribunal must have a seal, which must be judicially noticed in all courts and for all purposes.