Counter-Terrorism and Other Legislation Amendment Act 2023 (96 of 2023)

Schedule 1   Amendment of the Crimes Act 1914

Part 2   Post-entry warrants

Crimes Act 1914

14   After Subdivision CA of Division 3A of Part IAA

Insert:

Subdivision CB - Matters relating to post-entry warrants

3UJC Assessment officers

(1) An assessment officer is:

(a) a person:

(i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and

(ii) in relation to whom a consent under subsection 3UJD(1), and a declaration under subsection 3UJD(2), are in force; or

(b) a nominated AAT member.

(2) A function or power conferred on a Judge by this Division is conferred on the Judge in a personal capacity and not as a court or a member of a court.

(3) A Judge has, in relation to the performance or exercise of a function or power conferred on an assessment officer by this Division, the same protection and immunity as if the Judge were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the Judge is a member).

Note: A member of the Administrative Appeals Tribunal has the same protection and immunity as a Justice of the High Court (see subsection 60(1) of the Administrative Appeals Tribunal Act 1975).

3UJD Consent of Judges

(1) A Judge of the Federal Court of Australia, or of the Supreme Court of a State or Territory, may, by writing, consent to be declared an assessment officer by the Minister administering the Judiciary Act 1903 under subsection (2).

(2) The Minister administering the Judiciary Act 1903 may, by writing, declare a Judge in relation to whom a consent under subsection (1) is in force to be an assessment officer for the purposes of this Division.

(3) A consent or declaration under this section is not a legislative instrument.

3UJE Nominated AAT members

(1) 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.

(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.

(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.