145Constitution of Tribunal—general rule

#### 145 Constitution of Tribunal—general rule When this section applies (1) This section applies: (a) in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area; and (b) instead of section 39 (general rules for constitution of Tribunal). > Note: Section 39 continues to apply in relation to incidental and ancillary proceedings, such those dealing with costs and extensions of time. Constitution of Tribunal—general rule (2) The Tribunal must be constituted for the purposes of the proceeding by: (a) the President; or (b) a Deputy President; or (c) 3 members, at least one of whom is the President or a Deputy President. > Note: For constitution of the Tribunal, see Division 4 of Part 4 (constitution of Tribunal for a proceeding), and for reconstitution of the Tribunal, see Subdivision D of that Division. Presiding member (3) If the Tribunal is constituted for the purposes of the proceeding by 3 members, the presiding member must be: (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 are—the most senior (or only) Judge; or (c) if paragraphs (a) and (b) do not apply—a Deputy President. Avoiding conflicts of interest—members who were agency heads (4) However, none of the members can be a person who is, or was, the head of an agency within the national intelligence community if: (a) in any case—the agency is a party to the proceeding; or (b) if the review relates to an exempt security record decision—the document or record concerned originated with, or was received from, the agency. Avoiding conflicts of interest—members who were certain Ministers (5) In addition, none of the members can be a person who was: (a) in any case—the Treasurer; or (b) the Minister responsible for an agency within the national intelligence community if: (i) the agency is a party to the proceeding; or (ii) if the review relates to an exempt security record decision—the document or record concerned originated with, or was received from, the agency.