19FConstitution of Security Division for proceedings to review certain Archives decisions

#### 19F Constitution of Security Division for proceedings to review certain Archives decisions Scope (1) This section applies to a proceeding in the Security Division in relation to a review of a decision of the Archives under the Archives Act 1983 relating to an exempt security record. Constitution of Security Division (2) The Security Division is to be constituted by: (a) 3 presidential members; or (b) a presidential member alone. (3) If the proceeding relates to a record of the Australian Security Intelligence Organisation, a presidential member must not participate in the proceeding if the presidential member is or has been: (a) the Director‑General of Security; or (b) an ASIO employee or ASIO affiliate. Presiding member (4) If the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is: (a) if the President is one of the members—the President; or (b) if the President is not one of the members but one or more Judges is—the most senior (or only) Judge; or (c) if paragraphs (a) and (b) do not apply—the Deputy President whom the President directs to preside. Reconstitution (5) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under paragraph 19A(1)(a) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding ceases to be available. (6) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).