Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies to a proceeding in the Security Appeals Division (other than a proceeding to which section 21AB applies) but has effect subject to subsection 65(2) of the Australian Security Intelligence Organisation Act 1979 .
Constitution of Security Appeals Division
(2) Subject to this section, the Security Appeals Division is to be constituted by a presidential member and 2 other members.
When presidential member must not participate
(3) A presidential member must not participate in the proceeding if he or she is, or has been, the Director-General of Security or an officer, employee or agent of the Australian Security Intelligence Organisation.
Presidential member to preside
(4) The presidential member referred to in subsection (2) is to preside at a hearing of the proceeding.
Qualifications
(5) If the proceeding is a review of a security assessment, at least one of the 2 other members referred to in subsection (2) must:
(a) if the matter to which the assessment related concerns employment or proposed employment in the Australian Public Service--be a former member of that Service; or
(b) if the matter to which the assessment related concerns service or proposed service in the Defence Force--be a former member of that Force; or
(c) if the matter to which the assessment related concerns the Australian Citizenship Act 2007 , the Migration Act 1958 or the Australian Passports Act 2005 --be a person with knowledge of, or experience in relation to, the needs and concerns of people who are or have been immigrants; or
(d) if the matter to which the assessment related concerns employment under Commonwealth contractors--be a person with experience in relation to such employment; or
(e) in any other case--be a person with knowledge of, or experience in relation to, matters of the kind to which the assessment related.
What happens if member ceases to be available
(6) If, before the proceeding has been completed, one of the members constituting the Division for the purposes of the proceeding has ceased to be available for the purposes of the proceeding:
(a) the proceeding is to be reheard by the Division as reconstituted in accordance with this section; and
(b) on the rehearing, the members of the Division may have regard to any record of the proceeding in the Division as previously constituted, including a record of any evidence taken in the proceeding.