Aboriginal Land Act 1991
sec.228Manner in which questions to be decided
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sec.228 Manner in which questions to be decided
A question of law arising in a proceeding before the Land Tribunal at which a presiding member is presiding (including the question whether a particular question is one of law) is to be decided in accordance with the opinion of the member presiding. Subject to subsection (1) , when the members constituting the tribunal for the purposes of a particular proceeding are divided in opinion as to the decision to be made on any question— if there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or in any other case—the question is to be decided according to the opinion of the member presiding. (sec.228-ssec.1) A question of law arising in a proceeding before the Land Tribunal at which a presiding member is presiding (including the question whether a particular question is one of law) is to be decided in accordance with the opinion of the member presiding. (sec.228-ssec.2) Subject to subsection (1) , when the members constituting the tribunal for the purposes of a particular proceeding are divided in opinion as to the decision to be made on any question— if there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or in any other case—the question is to be decided according to the opinion of the member presiding.
- (a) if there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or
- (b) in any other case—the question is to be decided according to the opinion of the member presiding.