Administrative Appeals Tribunal Act 1975

Div 5 heading inserted by No 38 of 2005. For transitional provisions see note under s 2A .

S 42(1) amended by No 53 of 2023, s 3 and Sch 1 item 29, by substituting " Subject to subsection (1A), if " for " If " , applicable in relation to a proceeding for the review of a decision made on or after 12 August 2023.

S 42(1A) inserted by No 53 of 2023, s 3 and Sch 1 item 30, applicable in relation to a proceeding for the review of a decision made on or after 12 August 2023.

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:

For transitional provisions see note under s 2A .