Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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.