Document ID: chunk:federal_register_of_legislation:C2004A02585:body:0:p8
Version: federal_register_of_legislation:C2004A02585
Segment Type: other
Provision Reference: 
Character Range: 20030–22671

given to a person, as the case may be, if it is posted to the person by a pre-paid letter—
              (i) where the document, statement or notice or other notification relates to a proceeding and the person has furnished an address at which documents in relation to the proceeding may be served—to that address; or
              (ii) where sub-paragraph (i) does not apply—
                  (a) in the case of a person not being a company—to the address of the place of residence or business of the person last known to the person posting the document, statement or notice or other notification; or
                  (b) in the case of a company—to the address of the registered office of the company; and
         (b) a document or statement so posted shall be deemed to have been furnished, and a notice or other notification so posted shall be deemed to have been served or given, unless the contrary is proved, at the time when the document, statement or notice or other notification would have been delivered in the ordinary course of post.".

Establishment of Tribunal
7. (1) Section 5 of the Principal Act is amended by omitting all the words after "number" and substituting "of other members as are appointed in accordance with this Act".
(2) The amendment of section 5 of the Principal Act made by sub-section (1) does not affect the continuance in existence of the Administrative Appeals Tribunal in existence immediately before the commencement of this Part.
8. Section 6 of the Principal Act is repealed and the following section is substituted:

Appointment of members of Tribunal
"6. (1) The members shall be appointed by the Governor-General.

"(2) A Judge who is to be appointed as a member (other than the President) of the Tribunal shall be appointed as a presidential member.
"(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal shall be appointed as a Deputy President of the Tribunal, as a senior member of the Tribunal, or as a member of the Tribunal.
"(4) A member (other than a Judge) shall be appointed either as a full-time member or as a part-time member.".

Qualifications for appointment
9. Section 7 of the Principal Act is amended—
    (a) by omitting sub-section (1) and substituting the following sub-sections:
    "(1) A person shall not be appointed as the President unless he is a Judge of the Federal Court of Australia.
    "(1a) A person shall not be appointed as a Deputy President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5