Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AND LISTENING DEVICE AMENDMENT ACT NO. 160 OF 1997 - SCHEDULE 3--Amendment

Insert:

nominated AAT member means a member of the Administrative Appeals Tribunal in respect of whom a nomination is in force under section 219AB to issue warrants under section 219B for use of listening devices.

2 After section 219AA

Insert:

SECT 219AB Nominated AAT members may issue warrants for use of listening devices (1) The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under section 219B for use of listening devices:

(a) Deputy President;

(b) full-time senior member;

(c) part-time senior member;

(d) member.

(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.

(a) the nominated AAT member ceases to hold an appointment of a kind set out in subsection (1); or

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

Omit "Judge" (wherever occurring), substitute "Judge or nominated AAT member".

4 Subsection 219B(6)

Omit "Judge", substitute "Judge or nominated AAT member".

5 Subsection 219B(7)

Omit "Judge" (wherever occurring), substitute "Judge or nominated AAT member".

6 Subsection 219B(8)

Omit "Judge", substitute "Judge or nominated AAT member".

7 Subsection 219B(9)

Omit "Judge", substitute "Judge or nominated AAT member".

8 Section 219C

Omit "Judge", substitute "Judge or nominated AAT member".

9 At the end of paragraph 219F(2)(a)

Add:

; or (iv) an officer of the Police Integrity Commission of New South Wales; and

Add:

(5) In this section:

officer of the Police Integrity Commission means a person who is, for the purposes of the Police Integrity Commission Act 1996 of New South Wales, an officer of the Police Integrity Commission of New South Wales.

11 Section 219H

Omit "Judge", substitute "Judge or nominated AAT member".

12 Subsection 219K(1)

Omit "Judge", substitute "Judge or nominated AAT member".

13 At the end of section 219ZL

Add:

(4) A nominated AAT member has, in performing a function of, or connected with, issuing a warrant under section 219B, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

(5) In this section:

nominated AAT member means a member of the Administrative Appeals Tribunal in respect of whom a nomination is in force under section 219AB to issue warrants under section 219B for use of listening devices.