Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_17
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 61511–63490

17  Nominated AAT Security Division member
 (1) The Attorney‑General may, by writing, nominate a person who:
 (a) holds one of the following appointments to the Administrative Appeals Tribunal:
 (ii) senior member (of any level);
 (iii) member (of any level); and
 (b) is a member of the Security Division of the Administrative Appeals Tribunal;
to issue international production orders under Part 4 of this Schedule.
 (2) Despite subclause (1), the Attorney‑General must not nominate a person who holds an appointment as a part‑time senior member or a member of the Administrative Appeals 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 of a person under subclause (1) ceases to have effect if:
 (a) the person ceases to hold an appointment of a kind set out in subclause (1); or
 (b) the person ceases to be a member of the Security Division of the Administrative Appeals Tribunal.
 (3A) The Attorney‑General may, by writing, nominate a person who is a Deputy President of the Administrative Appeals Tribunal to issue international production orders under Part 4 of this Schedule.
 (3B) A nomination of a person under subclause (3A) ceases to have effect if the person ceases to be a Deputy President of the Administrative Appeals Tribunal.
 (4) A nominated AAT Security Division member has, in relation to the performance or exercise of a function or power conferred on a nominated AAT Security Division member by this Schedule, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
 (5) For the purposes of this clause, a person is a member of the Security Division of the Administrative Appeals Tribunal if the person:
 (a) is the head of that Division; or
 (b) has been assigned to that Division.