Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 42

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.