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SURVEILLANCE DEVICES ACT 2004 - SECT 13 Nominated AAT members

SURVEILLANCE DEVICES ACT 2004 - SECT 13

Nominated AAT members

  (1)   The Minister administering the Administrative Appeals Tribunal Act 1975 (the AAT Minister ) may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants (except to law enforcement officers of the National Anti - Corruption Commission) under this Part:

  (a)   Deputy President;

  (b)   senior member (of any level);

  (c)   member (of any level).

  (2)   Despite subsection   (1), the AAT Minister must not nominate a person who holds an appointment as a part - time senior member or a member of the Tribunal unless the person:

  (a)   is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

  (b)   has been so enrolled for not less than 5 years.

  (3)   A nomination ceases to have effect if:

  (a)   the nominated AAT member ceases to hold an appointment described in subsection   (1); or

  (b)   the AAT Minister, by writing, withdraws the nomination.

  (4)   A nominated AAT member has, in relation to the performance or exercise of a function or power conferred on a nominated AAT member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.