National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 (53 of 2023)

Schedule 1   Amendments

Part 8   Review under the archives law

Administrative Appeals Tribunal Act 1975

30   After subsection 42(1)

Insert:

(1A) If:

(a) the Tribunal is constituted for the purposes of a proceeding by 3 presidential members in accordance with section 19F; and

(b) the proceeding is not in relation to a review of a decision relating to a record of the Australian Security Intelligence Organisation; and

(c) the members disagree about a question of law arising in the proceeding;

the disagreement is to be settled:

(d) if only one presidential member is a Judge - according to the opinion of that member; or

(e) if 2 presidential members are Judges - according to the opinion of the majority of the members.