Commonwealth Numbered Acts

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COUNTER-TERRORISM (TEMPORARY EXCLUSION ORDERS) ACT 2019 (NO. 53, 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 Appeals Tribunal as Deputy President or senior member (of any level); 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 Appeals 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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