Commonwealth Consolidated Acts

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AAT Minister may nominate 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 deal with applications under subsection 15GU(1) (which deals with extending authorities for controlled operations beyond 3 months):

                     (a)  Deputy President;

                     (b)  senior member (of any level);

                     (c)  member (of any level).

             (2)  Despite subsection (1), the AAT Minister must not nominate a person who holds an appointment as a part-time senior member or a 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 have effect if:

                     (a)  the nominated Tribunal member ceases to hold an appointment described in subsection (1); or

                     (b)  the AAT Minister, by writing, withdraws the nomination.

             (4)  A nominated Tribunal member has, in relation to the performance or exercise of a function or power conferred on a nominated Tribunal member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

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