Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34ad:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34AD (pt 1/2)
Character Range: 25432–28106

34AD  Prescribed authorities

Appointment of prescribed authority
 (1) The Attorney‑General may, in writing, appoint as a prescribed authority:
 (a) a person who:
 (i) has served as a judge in one or more superior courts for a period of at least 5 years; and
 (ii) no longer holds a commission as a judge of a superior court; or
 (b) a person who:
 (i) holds an appointment to the Administrative Appeals Tribunal as President or Deputy President; and
 (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and
 (iii) has been enrolled for at least 5 years; or
 (c) a person who:
 (i) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and
 (ii) has engaged in practice as a legal practitioner for at least 10 years; and
 (iii) holds a practising certificate granted under a law of a State or Territory; and
 (iv) is a Queen's Counsel or a Senior Counsel.
 (2) A person is not eligible for appointment under subsection (1) if the person is:
 (a) an ASIO employee or an ASIO affiliate; or
 (b) the Director‑General; or
 (c) an AGS lawyer (within the meaning of the Judiciary Act 1903); or
 (d) an IGIS official; or
 (e) a person referred to in subsection 6(1) of the Australian Federal Police Act 1979; or
 (f) a staff member of a law enforcement agency (other than the Australian Federal Police); or
 (g) a staff member of an intelligence or security agency.
 (3) The Attorney‑General must not appoint a person to whom paragraph (1)(c) applies unless the Attorney‑General is satisfied that the person has the knowledge or experience necessary to properly perform the duties of a prescribed authority.
 (4) The Attorney‑General must not appoint a person unless:
 (a) the person has, in writing, consented to being appointed; and
 (b) the consent is in force.
 (5) Before appointing a person as a prescribed authority, the Attorney‑General must have regard to:
 (a) whether the person engages in any paid or unpaid work that conflicts, or could conflict, with the proper performance of the person's duties as a prescribed authority; and
 (b) whether the person has any interests, pecuniary or otherwise, that conflict, or could conflict, with the proper performance of the person's duties as a prescribed authority.

Duty to disclose interests
 (6) A person who:
 (a) is appointed as a prescribed authority; and
 (b) has a material personal interest that relates to the proper performance of the person's duties as a prescribed authority;
must disclose that interest, in writing, to the Attorney‑General.
 (7) The disclosure must include details of:
 (a) the nature and