S. 107(1) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(a)).
(1) A question of law arising in a proceeding must be decided by a judicial member or a member who is an Australian lawyer.
S. 107(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(b)).
(2) If the Tribunal is constituted in a proceeding by more than one judicial member or Australian lawyer (or both), a question of law arising in the proceeding must be decided by the presiding member.
S. 107(3) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(i)).
(3) If a question of law arises in a proceeding where the Tribunal is constituted by a member or members who are not judicial members or Australian lawyers—
S. 107(3)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(ii)).
(a) the question must be decided by another member who is a judicial member or Australian lawyer; and
(b) for that purpose only, the Tribunal in the proceeding is to be reconstituted to include that other member.
(4) In this section, "question of law" includes a question of mixed law and fact.
S. 108 amended by No. 14/2006 s. 25, substituted by No. 23/2014 s. 13.