Part IAAA
-
Delayed notification search warrants
History
Part IAAA inserted by No 116 of 2014, s 3 and Sch 1 item 51, effective 1 December 2014.
Division 1
-
Preliminary
History
Div 1 inserted by No 116 of 2014, s 3 and Sch 1 item 51, effective 1 December 2014.
SECTION 3ZZAF
Nominated ART members
(1)
The Minister administering the
Administrative Review Tribunal Act 2024
(the
ART Minister
) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue delayed notification search warrants and perform related functions under this Act:
(a)
Deputy President;
(b)
a senior member appointed on a salaried basis.
History
S 3ZZAF(1) amended by No 39 of 2024, s 3 and Sch 2 items 56 and 57, by substituting
"
Administrative Review Tribunal Act 2024
(the
ART Minister
) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal
"
for
"
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
"
and para (b), effective 14 October 2024. Para (b) formerly read:
(b)
full-time senior member.
S 3ZZAF(1) amended by No 31 of 2018, s 3 and Sch 2 item 75, by substituting
"
Minister administering the
Administrative Appeals Tribunal Act 1975
(the
AAT Minister
)
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
23YUK
.
(2)
Despite subsection
(1)
, the ART Minister must not nominate a person who holds an appointment as a senior member on a salaried basis 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.
History
S 3ZZAF(2) amended by No 39 of 2024, s 3 and Sch 2 item 58, by substituting
"
ART Minister must not nominate a person who holds an appointment as a senior member on a salaried basis
"
for
"
AAT Minister must not nominate a person who holds an appointment as a full-time senior member
"
, effective 14 October 2024.
S 3ZZAF(2) amended by No 31 of 2018, s 3 and Sch 2 item 76, by substituting
"
AAT Minister
"
for
"
Minister
"
, effective 11 May 2018. For transitional rules, see note under s
23YUK
.
(3)
A nomination ceases to be in force if:
(a)
the nominated ART member ceases to hold an appointment described in subsection
(1)
; or
(b)
the ART Minister, by writing, withdraws the nomination.
History
S 3ZZAF(3) amended by No 39 of 2024, s 3 and Sch 2 item 59, by substituting
"
ART
"
for
"
AAT
"
in para (a) and (b), effective 14 October 2024.
S 3ZZAF(3) amended by No 31 of 2018, s 3 and Sch 2 item 76, by substituting
"
AAT Minister
"
for
"
Minister
"
in para (b), effective 11 May 2018. For transitional rules, see note under s
23YUK
.
History
S 3ZZAF inserted by No 116 of 2014, s 3 and Sch 1 item 51, effective 1 December 2014.