Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:
(a) the person is a Queen's Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or
(b) the person has served as a judge of:
(i) the High Court; or
(ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or
(iii) the Supreme Court of a State or Territory; or
(iv) the District Court (or equivalent) of a State or Territory;
but no longer holds a commission as a judge of a court listed in this paragraph.
(2) However, the following persons may not be declared as a Public Interest Advocate:
(a) the Director-General of Security or a Deputy Director-General of Security;
(b) an examiner;
(c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory;
(d) the Solicitor-General of the Commonwealth, or of a State or Territory;
(e) a person who is employed by the Commonwealth, a State or Territory;
(f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory.