Document ID: chunk:federal_register_of_legislation:C2016A00012:clause:1_13j
Version: federal_register_of_legislation:C2016A00012
Segment Type: clause
Provision Reference: sch 1 cl 13J
Character Range: 106752–107808

13J  Powers of issuing officers

Consent to conferral of powers
 (1) An issuing officer may, by writing, consent to have powers conferred by this Part.

Nomination by Minister
 (2) The Minister may, by writing, nominate an issuing officer in relation to whom a consent is in force under subsection (1) to exercise powers conferred by this Part.

Powers conferred personally
 (3) A power conferred on an issuing officer by this Part is conferred on the issuing officer:
 (a) in a personal capacity; and
 (b) in relation to a Judge of a court created by the Parliament—not as a court or a member of a court.

Protection and immunity—Deputy Presidents and non‑presidential members
 (4) An issuing officer who is a Deputy President or non‑presidential member of the Administrative Appeals Tribunal exercising a power conferred by this Part has the same protection and immunity as a Justice of the High Court.
Note: Subsections 34(3) and 75(3) of the Regulatory Powers Act confer protection and immunity on a judge exercising the powers of an issuing officer.