Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Appointment of adjudicators | ||
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76. (1) The Minister shall appoint persons (referred to in this Act as “adjudicators”) to make adjudications. | ||
(2) The Minister shall appoint a person nominated by the Commission under section 75 unless the Minister— | ||
(a) is not satisfied that the nominated person meets the requirements and qualifications prescribed by the Minister, or | ||
(b) considers that the nominated person does not have the independence necessary to be appointed as an adjudicator. | ||
(3) The Commission shall appoint one of the adjudicators appointed under this section to be the Chief Adjudicator. | ||
(4) Nothing in this Act or the Act of 2002 or in any regulations made under either Act shall prevent— | ||
(a) the Minister appointing, under and in accordance with this section, as an adjudicator a person who is, on the nomination of the Commission, appointed as an adjudication officer or Chief Adjudication Officer under the Act of 2002, or | ||
(b) a person who is appointed by the Minister, under and in accordance with this section, as an adjudicator being appointed as an adjudication officer or Chief Adjudication Officer under the Act of 2002. | ||
(5) The Minister may make regulations providing for the creation of a panel of adjudicators to perform the functions of adjudicators under this Act. | ||
(6) If no Chief Adjudicator stands appointed by the Commission under this section the adjudicators standing appointed may agree that one of them perform the functions of Chief Adjudicator. |