Clause 37

in the section heading, delete “in absence of member of Board” and substitute “by committee where member becomes unavailable”;

delete subsection (1) and substitute —“(1) This section applies to an appeal before a committee of the Board, and a reference in this section to a member of the Board is to a member of the Board that is part of the committee.(1A) Despite anything in this Part, if —

in the course of an appeal or in the case of a reserved judgment in any appeal; or

after an appeal has been determined but before the making of any ancillary order, any member of the Board hearing the appeal resigns or is unable because of illness or any other cause, to continue to hear or determine the appeal or to make the ancillary order, the remaining members of the Board (if 2 or more) must hear or determine the appeal or make the ancillary order, unless the parties object.”;

in subsections (2), (3) and (4)(a), delete “subsection (1)” and substitute “subsection (1A)”;

in subsection (3)(a) and (b), after “the appeal is to be decided”, insert “or the ancillary order is to be made”;

in subsection (4), delete “The” and substitute “In the case in subsection (1A)(a), the”;

in subsection (4)(a), delete “do not consent” and substitute “object”; and

after subsection (4), insert —“(5) In the case in subsection (1A)(b), another committee of the Board (which may include the remaining members of the Board) is to be constituted under section 78(9) to make the ancillary order if —

the parties object to the remaining members of the Board making the ancillary order; or

the order is to be made by only 2 remaining members of the Board and they are unable to reach a unanimous decision.”.