Administrative Appeals Tribunal Act 1975

PART II - ESTABLISHMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL

Division 2 - Members of Tribunal

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SECTION 7 QUALIFICATIONS FOR APPOINTMENT

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President

7(1)

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A person must not be appointed as the President unless the person is a Judge of the Federal Court of Australia.

Deputy President

7(2)

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A person must not be appointed as a Deputy President unless the person:

(a)

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is a Judge of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 1); or

(b)

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is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or

(c) in the opinion of the Governor-General, has special knowledge or skills relevant to the duties of a Deputy President.

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Senior members and other members

7(3)
A person must not be appointed as a senior member or other member unless the person:

(a) is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or

(b) in the opinion of the Governor-General, has special knowledge or skills relevant to the duties of a senior member or member.

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History

S 7 substituted by No 60 of 2015, s 3 and Sch 1 item 18, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 7 formerly read:

SECTION 7 QUALIFICATIONS FOR APPOINTMENT
7(1) President.
A person must not be appointed as the President unless he or she is a Judge of the Federal Court of Australia.
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History

S 7(1) substituted by No 38 of 2005. For transitional provisions see note under s 2A .

S 7(1) substituted by No 26 of 1982; amended by No 43 of 1996.

7(1AA) Deputy President.
A person must not be appointed as a Deputy President unless he or she is enrolled as a legal practitioner (however described) of:

(a) the High Court; or

(b) the Supreme Court of a State or Territory;
and has been so enrolled for at least 5 years.

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History

S 7(1AA) inserted by No 38 of 2005. For transitional provisions see note under s 2A .

7(1A)
(Repealed by No 38 of 2005)
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History

S 7(1A) inserted by No 26 of 1982; amended by No 175 of 1995; No 43 of 1996; repealed by No 38 of 2005.

For transitional provisions see note under s 2A .

7(1B) Senior member.
A person must not be appointed as a senior member unless he or she -

(a) is enrolled as a legal practitioner (however described) of:

(i) the High Court; or

(ii) the Supreme Court of a State or Territory;
and has been so enrolled for at least 5 years; or

(b) has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a senior member.
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History

S 7(1B) inserted by No 26 of 1982; amended by No 175 of 1995; amended by No 38 of 2005.

For transitional provisions see note under s 2A .

7(2) Non-presidential member.
A person must not be appointed as a non-presidential member (other than a senior member) unless he or she -

(a) is enrolled as a legal practitioner (however described) of:

(i) the High Court; or

(ii) the Supreme Court of a State or Territory; or

(b) has had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or of an authority of a government; or

(c) has obtained a degree of a university, or an educational qualification of a similar standing, after studies in the field of law, economics or public administration or some other field considered by the Governor-General to have substantial relevance to the duties of such a member; or

(d) has, in the opinion of the Governor-General, special knowledge or skill in relation to any class of matters in respect of which decisions may be made in the exercise of powers conferred by an enactment, being decisions in respect of which applications may be made to the Tribunal for review.
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History

S 7(2) amended by No 26 of 1982; by No 175 of 1995; No 38 of 2005.

For transitional provisions see note under s 2A .

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