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SURVEILLANCE DEVICES ACT 2004 - SECT 13

Nominated ART members

  (1)   The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister ) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue warrants (except to law enforcement officers of the National Anti - Corruption Commission) under this Part:

  (a)   Deputy President;

  (b)   a senior member;

  (c)   a general member.

  (2)   Despite subsection   (1), the ART Minister must not nominate a person who holds an appointment as a senior member on a sessional basis, or as a general member, of the 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 ceases to have effect if:

  (a)   the nominated ART member ceases to hold an appointment described in subsection   (1); or

  (b)   the ART Minister, 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.



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