Freedom of Information Act 1982
PART VIIA
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REVIEW BY THE TRIBUNAL
Division 4
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Procedure in Tribunal
SECTION 58D
58D
Modification of section 42 of the Administrative Appeals Tribunal Act 1975
Despite section 42 of the Administrative Appeals Tribunal Act 1975 , if: (a) the Tribunal is constituted for the purposes of a proceeding referred to in subsection 58B(1) ; and (b) the members disagree about a question of law arising in the proceeding;
(e) if 3 presidential members are Deputy Presidents - according to the opinion of the majority of the members.
View history note
Hide history noteDespite section 42 of the Administrative Appeals Tribunal Act 1975 , if: (a) the Tribunal is constituted for the purposes of a proceeding referred to in subsection 58B(1) ; and (b) the members disagree about a question of law arising in the proceeding;
the disagreement is to be settled:
(c) if only one presidential member is a Judge - according to the opinion of that member; or (d) if 2 presidential members are Judges - according to the opinion of the majority of the members; or(e) if 3 presidential members are Deputy Presidents - according to the opinion of the majority of the members.
[ CCH Note: S 58D will be repealed by No 38 of 2024, s 3 and Sch 4 item 61, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
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