Telecommunications (Interception and Access) Regulations 1987
13Eligibility for appointment
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13 Eligibility for appointment
(1) Before declaring a person to be a Public Interest Advocate, the Prime Minister must be satisfied that: (a) the person is a Queen’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or (b) the person has served as a judge of: (i) the High Court; or (ii) a court that is or was created by the Parliament under Chapter III of the Constitution; or (iii) the Supreme Court of a State or Territory; or (iv) the District Court (or equivalent) of a State or Territory; but no longer holds a commission as a judge of a court listed in this paragraph. (2) However, the following persons may not be declared as a Public Interest Advocate: (a) the Director‑General of Security or a Deputy Director‑General of Security; (b) an examiner; (c) the Director of Public Prosecutions or a person performing a similar function appointed under the law of a State or Territory; (d) the Solicitor‑General of the Commonwealth, or of a State or Territory; (e) a person who is employed by the Commonwealth, a State or Territory; (f) a member of the Parliament of the Commonwealth or a State or the Legislative Assembly of a Territory.