sec.752Way questions decided

sec.752 Way questions decided

The tribunal’s decision on a question of law arising in a proceeding is the decision of the presiding member on the question. However, if the tribunal is constituted by 1 member who is not a lawyer— the member must refer the question of law to another member who is a lawyer to decide; and the other member must decide the question; and for subsection (1) , the decision of the other member is taken to be the decision of the presiding member. If the members constituting the tribunal in a proceeding are divided in opinion about the decision to be made on another question in the proceeding, the tribunal’s decision on the question is— if there is a majority of the same opinion—the decision of the majority; or otherwise—the decision of the presiding member. (sec.752-ssec.1) The tribunal’s decision on a question of law arising in a proceeding is the decision of the presiding member on the question. (sec.752-ssec.2) However, if the tribunal is constituted by 1 member who is not a lawyer— the member must refer the question of law to another member who is a lawyer to decide; and the other member must decide the question; and for subsection (1) , the decision of the other member is taken to be the decision of the presiding member. (sec.752-ssec.3) If the members constituting the tribunal in a proceeding are divided in opinion about the decision to be made on another question in the proceeding, the tribunal’s decision on the question is— if there is a majority of the same opinion—the decision of the majority; or otherwise—the decision of the presiding member.

• (a) the member must refer the question of law to another member who is a lawyer to decide; and
• (b) the other member must decide the question; and
• (c) for subsection (1) , the decision of the other member is taken to be the decision of the presiding member.
• (a) if there is a majority of the same opinion—the decision of the majority; or
• (b) otherwise—the decision of the presiding member.