DEFENCE ACT 1903 - SECT 110XA Constitution of Tribunal for Tribunal proceedings

DEFENCE ACT 1903 - SECT 110XA

How the Tribunal is to be constituted

  (1)   Subject to this section, for a particular Tribunal proceeding, the Tribunal is to be constituted by one or more Tribunal members determined by the Chair.

  (2)   If the Tribunal proceeding is an inquiry, the Tribunal must be constituted by 3 or more Tribunal members.

  (3)   The Chair must also comply with any requirements of the procedural rules relating to the constitution of the Tribunal for Tribunal proceedings.

What happens if the Tribunal is constituted by more than one Tribunal member

  (4)   If the Tribunal is constituted by more than one Tribunal member, the following provisions have effect:

  (a)   the presiding Tribunal member is:

  (i)   if the Chair is a member of the Tribunal as so constituted--the Chair; or

  (ii)   otherwise--the Tribunal member who is directed by the Chair to preside;

  (b)   a decision of the majority of the Tribunal members who constitute the Tribunal prevails;

  (c)   if there is no majority, the decision of the presiding Tribunal member prevails.

Formal requirements for determinations and directions

  (5)   A determination or direction by the Chair under this section must be in writing.

  (6)   A determination or direction by the Chair under this section is not a legislative instrument.