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COMMONWEALTHAct
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s 79

Nominated ART member

In force
Part 8OBR information, CVR information, and restricted information given to the Inspector by the ATSB

79 Nominated ART member

(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.

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