Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34b
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34B
Character Range: 9558–10850

34B  Prescribed authorities

 (1) The Minister may, by writing, appoint as a prescribed authority a person who has served as a judge in one or more superior courts for a period of 5 years and no longer holds a commission as a judge of a superior court.

 (2) If the Minister is of the view that there is an insufficient number of people to act as a prescribed authority under subsection (1), the Minister may, by writing, appoint as a prescribed authority a person who is currently serving as a judge in a State or Territory Supreme Court or District Court (or an equivalent) and has done so for a period of at least 5 years.

 (3) If the Minister is of the view that there are insufficient persons available under subsections (1) and (2), the Minister may, by writing, appoint as a prescribed authority a person who holds an appointment to the Administrative Appeals Tribunal as President or Deputy President and who is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory and has been enrolled for at least 5 years.

 (4) The Minister must not appoint a person under subsection (1), (2) or (3) unless:
 (a) the person has by writing consented to being appointed; and
 (b) the consent is in force.

Subdivision B—Questioning, detention etc.