Document ID: chunk:federal_register_of_legislation:C2025C00034:section:183
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 183
Character Range: 324252–326206

183  Examination notices
 (1) An *approved examiner may, on application by the *responsible authority, give to a person who is the subject of an *examination order a written notice (an examination notice) for the *examination of the person.
 (2) However, the *approved examiner must not give the *examination notice if:
 (a) an application has been made under section 42 for the *restraining order to which the notice relates to be revoked; and
 (b) the court to which the application is made orders that *examinations are not to proceed.
 (3) The fact that criminal proceedings have been instituted or have commenced (whether or not under this Act) does not prevent the *approved examiner giving the *examination notice.

Approved examiners
 (4) An approved examiner is a person who holds an appointment under this section.
 (5) The Minister may appoint as an *approved examiner:
 (aa) the President or a Deputy President of the Administrative Review Tribunal; or
 (ab) a senior member or general member of the Administrative Review Tribunal who:
 (i) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and
 (ii) has been so enrolled for at least 5 years; or
 (a) a person who holds an office, or is included in a class of people, specified in the regulations; or
 (b) a person who:
 (i) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and
 (ii) has been so enrolled for at least 5 years; and
 (iii) has indicated to the Minister that the person is willing to be appointed.
 (6) An *approved examiner may resign his or her appointment by giving the Minister a written resignation. The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
 (7) The Minister may revoke an appointment of an *approved examiner.