Document ID: chunk:federal_register_of_legislation:C2004C01072:clause:1_6da
Version: federal_register_of_legislation:C2004C01072
Segment Type: clause
Provision Reference: sch 1 cl 6DA
Character Range: 7567–8735

6DA  Nominated AAT members may issue Part VI warrants for use of listening devices

 (1) The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under Part VI:
 (a) Deputy President;
 (b) full‑time senior member;
 (c) part‑time senior member;
 (d) member.

 (2) Despite subsection (1), the Minister must not nominate a person who holds an appointment as a part‑time senior member or a member of the 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 ceases to have effect if:
 (a) the nominated AAT member ceases to hold an appointment of a kind set out in subsection (1); or
 (b) the Minister, by writing, withdraws the nomination.

 (4) A nominated AAT member has, in performing a function of or connected with, issuing a warrant under Part VI, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.