Australian Capital Territory Current Acts

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 94

    (1)     The Executive may appoint—

        (a)     a president of the tribunal; and

        (b)     other presidential members of the tribunal.

Note     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

    (2)     Also, the Executive may appoint a person as—

        (a)     a temporary president of the tribunal; or

        (b)     a temporary other presidential member of the tribunal.

    (3)     The Executive must not appoint a person under subsection (1) (a) or (2) (a) unless—

        (a)     the person is—

              (i)     a magistrate; or

              (ii)     eligible to be appointed as a magistrate; and

        (b)     if the person is a magistrate—

              (i)     the person has agreed to the appointment; and

              (ii)     the Chief Magistrate has been consulted about the person's appointment.

Note     Magistrates are appointed by the Executive under the Magistrates Court Act 1930

, s 7. For eligibility for appointment as a magistrate, see that Act, s 7AA and s 7A.

    (4)     The appointment of a magistrate as president of the tribunal does not—

        (a)     affect the term or conditions of appointment of the magistrate; or

        (b)     prevent the magistrate from exercising the functions given to a magistrate under any territory law.

    (5)     The Executive must not appoint a person under subsection (1) (b) or (2) (b) unless the person is a lawyer and has been a lawyer for 5 years or more.

    (6)     The appointment of a presidential member is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.