Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_17
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 769341–771685

17  Nominated ART Intelligence and Security member
 (1) The Attorney‑General may, by writing, nominate a person who:
 (a) holds one of the following appointments to the Administrative Review Tribunal:
 (ii) senior member;
 (iii) general member; and
 (b) is a member of the Intelligence and Security jurisdictional area of the Administrative Review Tribunal;
to issue international production orders under Part 4 of this Schedule.
 (2) Despite subclause (1), the Attorney‑General must not nominate a person who holds an appointment as a senior member on a sessional basis of the Administrative Review Tribunal unless the person:
 (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.
 (3) A nomination of a person under subclause (1) ceases to have effect if:
 (a) the person ceases to hold an appointment of a kind set out in subclause (1); or
 (b) the person ceases to be a member of the Intelligence and Security jurisdictional area of the Administrative Review Tribunal.
 (3A) The Attorney‑General may, by writing, nominate a person who is a Deputy President of the Administrative Review Tribunal to issue international production orders under Part 4 of this Schedule.
 (3B) A nomination of a person under subclause (3A) ceases to have effect if the person ceases to be a Deputy President of the Administrative Review Tribunal.
 (4) A nominated ART Intelligence and Security member has, in relation to the performance or exercise of a function or power conferred on a nominated ART Intelligence and Security member by this Schedule, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
 (5) For the purposes of this clause, a person is a member of the Intelligence and Security jurisdictional area of the Administrative Review Tribunal if the person:
 (a) is assigned to be a leader of the Intelligence and Security jurisdictional area of the Administrative Review Tribunal under section 197 of the Administrative Review Tribunal Act 2024; or
 (b) is assigned to the Intelligence and Security jurisdictional area of the Administrative Review Tribunal under section 199 of the Administrative Review Tribunal Act 2024.