Administrative Review Tribunal Act 2024
President
212(1)
The Minister may, by written instrument, appoint a person to act as the President: (a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the President:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note:
For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
212(2)
A person must not be appointed to act as the President unless: (a) the person is qualified, as mentioned in subsection 205(3) , to be appointed as the President; and (b) the Minister has consulted the Chief Justice of the Federal Court.
Other members
212(3)
The Minister may, at the request of the President and by written instrument, appoint a person to act as a member other than the President: (a) during a vacancy in the office of a member other than the President (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when a member other than the President:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note:
For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
212(4)
A person must not be appointed to act as a member other than the President unless: (a) if the person is to act as a Judicial Deputy President:
(i) the person is qualified, as mentioned in subsection 206(3) , to be appointed as a Judicial Deputy President; and
(b) if the person is to act as a Non-Judicial Deputy President - the person is qualified, as mentioned in subsection 207(3) , to be appointed as a Non-Judicial Deputy President; or (c) if the person is to act as a senior member - the person is qualified, as mentioned in subsection 208(3) , to be appointed as a senior member; or (d) if the person is to act as a general member - the person is qualified, as mentioned in subsection 208(4) , to be appointed as a general member.
(ii) the Minister has consulted the Chief Justice of the court of which the person is a Judge; or
Extension of acting appointment
212(5)
If a person has been appointed under this section to act as a member, the Minister may extend the person ' s appointment if the Minister is satisfied that it is necessary to do so by reason of a pending proceeding or other special circumstances.
212(6)
The extension must be made: (a) in writing; and (b) before the day that the member who was absent or unable to perform the duties of the member ' s office returns to perform those duties.
212(7)
The extension must not be for more than 12 months.
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