34ADPrescribed authorities

34AD Prescribed authorities

Appointment of prescribed authority (1) The Attorney‑General may, in writing, appoint as a prescribed authority: (a) a person who: (i) has served as a judge in one or more superior courts for a period of at least 5 years; and (ii) no longer holds a commission as a judge of a superior court; or (b) a person who holds an appointment to the Administrative Review Tribunal as President or Deputy President; or (c) a person who: (i) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and (ii) has engaged in practice as a legal practitioner for at least 10 years; and (iii) holds a practising certificate granted under a law of a State or Territory; and (iv) is a Senior Counsel.

Note: Senior Counsel is given an extended meaning by section 2B of the Acts Interpretation Act 1901.

(2) A person is not eligible for appointment under subsection (1) if the person is: (a) an ASIO employee or an ASIO affiliate; or (b) the Director‑General; or (c) an AGS lawyer (within the meaning of the Judiciary Act 1903); or (d) an IGIS official; or (e) a person referred to in subsection 6(1) of the Australian Federal Police Act 1979; or (f) a staff member of a law enforcement agency (other than the Australian Federal Police); or (g) a staff member of an intelligence or security agency. (3) The Attorney‑General must not appoint a person to whom paragraph (1)(c) applies unless the Attorney‑General is satisfied that the person has the knowledge or experience necessary to properly perform the duties of a prescribed authority. (4) The Attorney‑General must not appoint a person unless: (a) the person has, in writing, consented to being appointed; and (b) the consent is in force. (5) Before appointing a person as a prescribed authority, the Attorney‑General must have regard to: (a) whether the person engages in any paid or unpaid work that conflicts, or could conflict, with the proper performance of the person’s duties as a prescribed authority; and (b) whether the person has any interests, pecuniary or otherwise, that conflict, or could conflict, with the proper performance of the person’s duties as a prescribed authority. Duty to disclose interests (6) A person who: (a) is appointed as a prescribed authority; and (b) has a material personal interest that relates to the proper performance of the person’s duties as a prescribed authority; must disclose that interest, in writing, to the Attorney‑General. (7) The disclosure must include details of: (a) the nature and extent of the interest; and (b) how the interest relates to the proper performance of the person’s duties as a prescribed authority. (8) The person must make the disclosure: (a) as soon as practicable after the person becomes aware of the interest; and (b) if there is a change in the nature or extent of the interest after the person has disclosed the interest under this section—as soon as practicable after the person becomes aware of that change. Termination of appointment (9) The Attorney‑General may terminate the appointment of a prescribed authority: (a) for misbehaviour; or (b) if the prescribed authority is unable to perform the duties of a prescribed authority because of physical or mental incapacity; or (c) if the prescribed authority becomes bankrupt; or (d) if the prescribed authority fails, without reasonable excuse, to comply with subsection (6), (7) or (8); or (e) if the prescribed authority engages in paid or unpaid work, or has an interest, pecuniary or otherwise, that, in the Attorney‑General’s opinion, conflicts or could conflict with the proper performance of the prescribed authority’s duties. Definitions (10) In this section: