Administrative Appeals Tribunal Amendment Act 2005 (38 of 2005)
Schedule 1 Amendments
Administrative Appeals Tribunal Act 1975
151 Section 42
Repeal the section, substitute:
42 Resolving disagreements
2 members
(1) If:
(a) 2 members constitute the Tribunal for the purposes of a particular proceeding; and
(b) the members do not agree about any matter arising in the proceeding;
the view of the presiding member prevails.
3 members
(2) If:
(a) 3 members constitute the Tribunal for the purposes of a particular proceeding; and
(b) the members do not agree about any matter arising in the proceeding; and
(c) the matter does not consist of a question of law;
then:
(d) if the majority agree - the view of the majority prevails; or
(e) otherwise - the view of the presiding member prevails.
(3) If:
(a) 3 members constitute the Tribunal for the purposes of a particular proceeding; and
(b) the members do not agree about a question of law arising in the proceeding;
the view of the presiding member prevails.
Question of law
(4) A reference in this section to a question of law includes a reference to the question of whether a particular question is one of law.