107Dealing with questions of law

107 Dealing with questions of law S. 107(1) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(a)). (1) A question of law arising in a proceeding must be decided by a judicial member or a member who is an Australian lawyer. S. 107(2) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(b)). (2) If the Tribunal is constituted in a proceeding by more than one judicial member or Australian lawyer (or both), a question of law arising in the proceeding must be decided by the presiding member. S. 107(3) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(i)). (3) If a question of law arises in a proceeding where the Tribunal is constituted by a member or members who are not judicial members or Australian lawyers— S. 107(3)(a) amended by No. 17/2014 s. 160(Sch. 2 item 105.6(c)(ii)). (a) the question must be decided by another member who is a judicial member or Australian lawyer; and (b) for that purpose only, the Tribunal in the proceeding is to be reconstituted to include that other member. (4) In this section, ***question of law*** includes a question of mixed law and fact. S. 108 amended by No. 14/2006 s. 25, substituted by No. 23/2014 s. 13.