144
In forceManner in which questions to be decided
Part 6National Native Title Tribunal
Division 5Inquiries and determinations by the Tribunal
Subdivision BInquiries—General
144 Manner in which questions to be decided
Questions of law
(1)
A question of law arising in an inquiry (including the question whether a particular question is one of law) must be decided in accordance with the opinion of the member presiding.
Other questions
(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:
(a)
if there is a majority of the one opinion—the question must be decided according to the opinion of the majority; or
(b)
in any other case—the question must be decided according to the opinion of the member presiding.
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