42Resolving disagreements

#### 42 Resolving disagreements (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.