Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_226
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 226
Character Range: 101155–102706

226  Subsection 500(5)
Repeal the subsection, substitute:

 (5) In giving a direction under the Administrative Appeals Tribunal Act 1975 as to the persons who are to constitute the Tribunal for the purposes of a proceeding for review of a decision referred to in subsection (1), the President must have regard to:
 (a) the degree of public importance or complexity of the matters to which that proceeding relates; and
 (b) the status of the position or office held by the person who made the decision that is to be reviewed by the Tribunal; and
 (c) the degree to which the matters to which that proceeding relates concern the security, defence or international relations of Australia; and
 (d) if:
 (i) the person to whom the decision relates has been convicted of, or sentenced for, an offence; and
 (ii) that conviction or sentence is relevant to the matters to which that proceeding relates;
  the seriousness of that offence; and
 (e) if:
 (i) the person to whom the decision relates has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; and
 (ii) that acquittal is relevant to the matters to which that proceeding relates;
  the seriousness of that offence;
and must not have regard to any other matters.

 (5A) Section 23B of the Administrative Appeals Tribunal Act 1975 does not apply in relation to a proceeding for review of a decision referred to in subsection (1) of this section.

Military Rehabilitation and Compensation Act 2004