Earlier someone said, or at least suggested, that the new tribunal would be empowered to establish fairer, more appropriate or more equitable penalties and would have to uphold the decisions made by the Commissioner. However, subclause 103(1), which concerns the disposition of appeals, provides as follows:
The Tribunal may dispose of an appeal by dismissing it or by allowing it and, in allowing the appeal, the Tribunal may substitute its own finding, order or decision for the one under appeal.
So that's not entirely true. Perhaps you can explain the legal term “consideration” to me, but that's not what was suggested earlier today. It was suggested that the Commissioner would be able to make recommendations and that the tribunal would have the necessary expertise to determine monetary penalty amounts. In reality, however, the new tribunal wouldn't really have greater expertise since, ultimately, it would simply be able to invalidate what the Commissioner had decided. It's written here in black and white, in subclause 103(1), and I repeat:
The Tribunal may dispose of an appeal by dismissing it or by allowing it and, in allowing the appeal, the Tribunal may substitute its own finding, order or decision for the one under appeal.