Where the investigation committee1 or a tribunal2 considers and determines any preliminary legal arguments, such determination binds any subsequent committee or tribunal considering the case notwithstanding that any panellist3 or tribunal member present at the original hearing are not present at the subsequent hearing, or that any panellist or tribunal member present at the subsequent hearing were not present at the original hearing, unless the subsequent committee or tribunal considers that there has been a material change in circumstances and that it is in the interests of justice
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