Crimes Act 1914
View history note
Hide history note[ CCH Note: S 3ZZAF heading will be amended by No 39 of 2024, s 3 and Sch 2 item 55, 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 delayed notification search warrants and perform related functions under this Act: (a) Deputy President; (b) full-time senior member.
[ CCH Note: S 3ZZAF(1) will be 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 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 3ZZAF(2) will be 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 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 3ZZAF(3) will be amended by No 39 of 2024, s 3 and Sch 2 item 59, 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.]
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