Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 13

             (1)  The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under this Part:

                     (a)  Deputy President;

                     (b)  full‑time senior member;

                     (c)  part‑time senior member;

                     (d)  member.

             (2)  Despite subsection (1), the 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 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.