(1) The Attorney - General may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to make orders under subsection 77(6):
(a) President;
(b) Deputy President;
(c) senior member.
(2) Despite subsection (1), the Attorney - General must not nominate a person who holds an appointment as a senior member 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 Northern Territory or the Australian Capital Territory; and
(b) has been so enrolled for not less than 5 years.
(3) A nomination ceases to have effect if:
(a) the nominated ART member ceases to hold an appointment of a kind set out in subsection (1); or
(b) the Attorney - General, by writing, withdraws the nomination.
(4) A nominated ART member has, in relation to the performance or exercise of a function or power conferred on a nominated ART member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.