Commonwealth Consolidated Acts Commonwealth Consolidated ActsAppointment 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 holds an appointment to the Administrative Review Tribunal as President or Deputy President; 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 extent of the interest; and
(b) how the interest relates to the proper performance of the person's duties as a prescribed authority.
(8) The person must make the disclosure:
(a) as soon as practicable after the person becomes aware of the interest; and
(b) if there is a change in the nature or extent of the interest after the person has disclosed the interest under this section--as soon as practicable after the person becomes aware of that change.
Termination of appointment
(9) The Attorney - General may terminate the appointment of a prescribed authority:
(a) for misbehaviour; or
(b) if the prescribed authority is unable to perform the duties of a prescribed authority because of physical or mental incapacity; or
(c) if the prescribed authority becomes bankrupt; or
(d) if the prescribed authority fails, without reasonable excuse, to comply with subsection (6), (7) or (8); or
(e) if the prescribed authority engages in paid or unpaid work, or has an interest, pecuniary or otherwise, that, in the Attorney - General's opinion, conflicts or could conflict with the proper performance of the prescribed authority's duties.
(10) In this section:
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"unpaid work" means work that is not paid work.