For a matter for which the tribunal is constituted by 2 QCAT justices of the peace, the presiding QCAT justice of the peace is—
(a) if only 1 of the 2 QCAT justices of the peace is a legally qualified QCAT justice of the peace—the legally qualified QCAT justice of the peace; or
(b) otherwise—the QCAT justice of the peace nominated by the president.