Administrative Appeals Tribunal Act 1975 (Repealed)

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS

Division 5 - Procedural powers of Tribunal

SECTION 42 RESOLVING DISAGREEMENTS

42(1)
Subject to subsection (1A) , if the Tribunal is constituted for the purposes of a proceeding by 3 members, a disagreement between the members is to be settled according to the opinion of the majority of the members.

View history note

42(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.

View history note

42(2)
If the Tribunal is constituted for the purposes of a proceeding by 2 members, a disagreement between the members is to be settled according to the opinion of the presiding member.

View history note

History

S 42 substituted by No 60 of 2015, s 3 and Sch 1 item 107, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 42 formerly read:

SECTION 42 RESOLVING DISAGREEMENTS
42(1) 2 members.
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.

42(2) 3 members.
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.

42(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.

42(4) Question of law.
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.

S 42 substituted by No 38 of 2005. No 38 of 2005, Sch 1 [ 152], provides:

Application - section 42 of the Administrative Appeals Tribunal Act 1975
The amendment made by item 151 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members.

For transitional provisions see note under s 2A .

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