57Tribunal divided in opinion

#### 57 Tribunal divided in opinion 57 Tribunal divided in opinion > > (1) If the Tribunal is constituted by more than one member for the purposes of the determination of any proceedings and the members are divided in opinion, the opinion of the majority is taken to be the decision of the Tribunal. > > > (2) However, a question of law arising in proceedings in which the Tribunal is constituted by one or more members who are Australian lawyers is to be decided in accordance with the opinion of the member or the majority of the members who are Australian lawyers. > > > (3) If the members are equally divided in their opinion, the opinion that prevails is— > > > > > (a) in proceedings in which the presiding member is an Australian lawyer or none of the members sitting are Australian lawyers—the opinion of the presiding member, or > > > > > (b) in proceedings in which the presiding member is not an Australian lawyer but one or more of the other members sitting are Australian lawyers— > > > > > > > (i) on a question of law—the opinion of the member who is an Australian lawyer (or the member with the greatest seniority who is an Australian lawyer), or > > > > > > > (ii) on any other question—the opinion of the presiding member. > > > (4) In this section, question of law includes the question whether a particular question is a question of law. > > **ss 56–59:** Ins 2013 No 94, Sch 1 \[25\].