Queensland Consolidated Acts

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LAND AND RESOURCES TRIBUNAL ACT 1999 - SECT 41

41 Way in which questions are to be decided

(1) This section applies to a proceeding before the tribunal if, for the proceeding, the tribunal is constituted by a panel.

(2) The decision on every question before the tribunal is to be made only by the presiding member or presiding members included in the panel, and not by the non-presiding member or non-presiding members included in the panel.

(3) If there are 2 or more presiding members included in the panel, the decision of the panel on a question is to be--

(a) the opinion of the majority of the presiding members; or
(b) if the presiding members are equally divided in opinion, the opinion of the senior presiding member for the proceeding.

(4) The role of a non-presiding member included in the panel is as follows--

(a) to advise the presiding member or presiding members about matters within his or her knowledge or experience that are relevant to a question;
(b) to help the presiding member or presiding members in the conduct of the proceeding in a way the presiding member or presiding members consider appropriate.

(5) Subsections (2) to (4) have effect subject to any requirement in section 42 for the presiding member or presiding members included in an NNTT panel to allow the NNTT member to participate in the making of a decision.



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