Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 42

  (1)   Subject to subsection   (1A), if the Tribunal is constituted for the purposes of a proceeding by 3 members, a disagreement between the members is to be settled according to the opinion of the majority of the members.

  (1A)   If:

  (a)   the Tribunal is constituted for the purposes of a proceeding by 3 presidential members in accordance with section   19F; and

  (b)   the proceeding is not in relation to a review of a decision relating to a record of the Australian Security Intelligence Organisation; and

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

the disagreement is to be settled:

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

  (e)   if 2 presidential members are Judges--according to the opinion of the majority of the members.

  (2)   If the Tribunal is constituted for the purposes of a proceeding by 2 members, a disagreement between the members is to be settled according to the opinion of the presiding member.