Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 3A
-
Powers in relation to terrorist acts and terrorism offences
History
Div 3A (heading) substituted by No 127 of 2010, s 3 and Sch 4 item 1, effective 25 November 2010. The heading formerly read:
Division 3A
-
Powers to stop, question and search persons in relation to terrorist acts
Div 3A inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
Subdivision CB
-
Matters relating to post-entry warrants
History
Subdiv CB inserted by No 96 of 2023, s 3 and Sch 1 item 14, effective 25 November 2023.
SECTION 3UJE
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 post-entry warrants and perform related functions under this Act:
(a)
Deputy President;
(b)
a senior member appointed on a salaried basis.
History
S 3UJE(1) 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 14 October 2024. Para (b) formerly read:
(b)
full-time senior member.
(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 3UJE(2) 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 14 October 2024.
(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 3UJE(3) amended by No 39 of 2024, s 3 and Sch 2 item 50, by substituting
"
ART
"
for
"
AAT
"
in para (a) and (b), effective 14 October 2024.
History
S 3UJE inserted by No 96 of 2023, s 3 and Sch 1 item 14, effective 25 November 2023.
View history note
Hide history note