Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_42
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 70535–71543

42  Resolving disagreements

2 members

 (1) If:
 (a) 2 members constitute the Tribunal for the purposes of a particular proceeding; and
 (b) the members do not agree about any matter arising in the proceeding;
the view of the presiding member prevails.

3 members

 (2) If:
 (a) 3 members constitute the Tribunal for the purposes of a particular proceeding; and
 (b) the members do not agree about any matter arising in the proceeding; and
 (c) the matter does not consist of a question of law;
then:
 (d) if the majority agree—the view of the majority prevails; or
 (e) otherwise—the view of the presiding member prevails.

 (3) If:
 (a) 3 members constitute the Tribunal for the purposes of a particular proceeding; and
 (b) the members do not agree about a question of law arising in the proceeding;
the view of the presiding member prevails.

Question of law

 (4) A reference in this section to a question of law includes a reference to the question of whether a particular question is one of law.