Counter-Terrorism (Temporary Exclusion Orders) Act 2019

The Attorney‑General may, in writing, appoint as a reviewing authority:

a former Justice of the High Court; or

a former judge or justice of a court created by the Parliament; or

a former judge of the Supreme Court of a State or Territory; or

a person who:

holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and

has been enrolled for at least 5 years.

A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).

A person’s appointment under subsection (1) ceases to have effect if:

the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or

the Attorney‑General, in writing, revokes the appointment.

The Attorney‑General must not appoint a person as a reviewing authority unless:

the person has, by writing, consented to being appointed; and

the consent is in force.

A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:

in a personal capacity; and

if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.

The reviewing authority need not accept the power conferred.

A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.