Crimes Act 1914
[ CCH Note: S 3UJE heading will be amended by No 39 of 2024, s 3 and Sch 2 item 46, by substituting " ART " for " AAT " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
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 post-entry warrants and perform related functions under this Act: (a) Deputy President; (b) full-time senior member.
[ CCH Note: S 3UJE(1) will be amended by No 39 of 2024, s 3 and Sch 2 items 47 and 48, 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 at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. Para (b) will read:
]
(b) a senior member appointed on a salaried basis.
(2)
Despite subsection (1) , the AAT Minister must not nominate a person who holds an appointment as a full-time senior 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.
[ CCH Note: S 3UJE(2) will be amended by No 39 of 2024, s 3 and Sch 2 item 49, 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 at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
(3)
A nomination ceases to be in force 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.
[ CCH Note: S 3UJE(3) will be amended by No 39 of 2024, s 3 and Sch 2 item 50, by substituting " ART " for " AAT " in para (a) and (b), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.