Document ID: chunk:federal_register_of_legislation:F2024C01110:reg:18
Version: federal_register_of_legislation:F2024C01110
Segment Type: reg
Provision Reference: reg 18
Character Range: 27622–29255

18  Eligibility for appointment
 (1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that:
 (a) the person is a King's Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or
 (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and:
 (i) for at least 10 years has engaged in practice as a barrister; and
 (ii) has experience in areas of law that the Prime Minister considers relevant; and
 (iii) 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) an inferior court 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;
 (g) a Part 4‑1 issuing authority.