Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 8   Other consequential amendments

Part 1   Consequential amendments

Archives Act 1983

3   Section 48

Repeal the section, substitute:

48 Modification of section 42 of the Administrative Appeals Tribunal Act 1975

In its application to a proceeding referred to in section 46 of this Act, section 42 of the Administrative Appeals Tribunal Act 1975 applies as if subsection (1) of that section were omitted and the following subsection substituted:

"(1) If:

(a) the Tribunal is constituted for the purposes of a proceeding by 3 presidential members in accordance with section 46 of the Archives Act 1983; 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.".