Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_16
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 60199–61511

16  Issuing authority
 (1) The Attorney‑General may, by writing, appoint as an issuing authority:
 (a) a person who is:
 (i) a judge of a court created by the Parliament; or
 (ii) a magistrate;
  and in relation to whom a consent under subclause (2) is in force; or
 (b) a person who:
 (i) holds an appointment to the Administrative Appeals Tribunal as Deputy President, senior member (of any level) or 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 so enrolled for at least 5 years.
 (2) A person who is:
 (a) a judge of a court created by the Parliament; or
 (b) a magistrate;
may, by writing, consent to be appointed by the Attorney‑General under subclause (1).
 (3) A person's appointment ceases to have effect if the person ceases to be a person whom the Attorney‑General could appoint under this clause.
 (4) An appointment under subclause (1) has no effect for the purposes of a provision of this Act (other than this Schedule).
 (5) An issuing authority has, in relation to the performance or exercise of a function or power conferred on an issuing authority by this Schedule, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.