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COUNTER-TERRORISM (TEMPORARY EXCLUSION ORDERS) ACT 2019 - SECT 23

Reviewing authority

Appointment

  (1)   The Attorney - General may, in writing, appoint as a reviewing authority:

  (a)   a former Justice of the High Court; or

  (b)   a former judge or justice of a court created by the Parliament; or

  (c)   a former judge of the Supreme Court of a State or Territory; or

  (d)   a person who:

  (i)   holds an appointment to the Administrative Review Tribunal as Non - Judicial Deputy President or senior member; and

  (ii)   is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and

  (iii)   has been enrolled for at least 5 years.

  (2)   A person who is currently a judge or justice of any court is not eligible for appointment under subsection   (1).

  (3)   A person's appointment under subsection   (1) ceases to have effect if:

  (a)   the person ceases to be a person whom the Attorney - General could appoint under that subsection; or

  (b)   the Attorney - General, in writing, revokes the appointment.

  (4)   The Attorney - General must not appoint a person as a reviewing authority unless:

  (a)   the person has, by writing, consented to being appointed; and

  (b)   the consent is in force.

Powers conferred personally

  (5)   A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:

  (a)   in a personal capacity; and

  (b)   if the reviewing authority is a member of the Administrative Review Tribunal--not as a member of the Tribunal.

Powers need not be accepted

  (6)   The reviewing authority need not accept the power conferred.

Protection and immunity

  (7)   A reviewing authority has, in relation to performing functions or exercising powers under 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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