FREEDOM OF INFORMATION ACT 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 4 - Procedure in Tribunal  

SECTION 58D   58D   Modification of section 42 of the Administrative Appeals Tribunal Act 1975  


Despite section 42 of the Administrative Appeals Tribunal Act 1975 , if:


(a) the Tribunal is constituted for the purposes of a proceeding referred to in subsection 58B(1) ; and


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

the disagreement is to be settled:


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


(d) if 2 presidential members are Judges - according to the opinion of the majority of the members; or


(e) if 3 presidential members are Deputy Presidents - according to the opinion of the majority of the members.




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