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.