Document ID: chunk:federal_register_of_legislation:C2005A00136:clause:1_28
Version: federal_register_of_legislation:C2005A00136
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 21024–22726

28  Transitional—validation of certain examinations etc.

(1) This item applies to each of the following:
 (a) a purported examination conducted under the Proceeds of Crime Act 2002 during the interim period by a designated AAT member in the purported capacity of approved examiner;
 (b) the purported giving of a notice or direction under Part 3‑1 of that Act during the interim period by a designated AAT member in the purported capacity of approved examiner;
 (c) the purported doing of any other act or thing under Part 3‑1 of that Act during the interim period by a designated AAT member in the purported capacity of approved examiner.

(2) The examination, notice, direction, act or thing is as valid, and is taken always to have been as valid, as it would have been if the designated AAT member had been an eligible legal practitioner during the interim period.

(3) The designated AAT member has, and is taken always to have had, the same protection and immunity under section 194 of the Proceeds of Crime Act 2002 that the member would have, or would have had, if the member had been an eligible legal practitioner during the interim period.

(4) In this item:
designated AAT member means a non‑presidential member of the Administrative Appeals Tribunal who is not an eligible legal practitioner.
eligible legal practitioner means person who is enrolled as a legal practitioner of:
 (a) the High Court; or
 (b) another federal court; or
 (c) the Supreme Court of a State or Territory;
and has been so enrolled for at least 5 years.
interim period means the period:
 (a) beginning at the start of 7 September 2004; and
 (b) ending at the end of 19 August 2005.

Surveillance Devices Act 2004