18Eligibility for appointment

18 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 King’s Counsel or Senior Counsel who has been cleared for security purposes to a level that the Prime Minister considers appropriate; or (aa) the person is practising as a barrister of a federal court or the Supreme Court of a State or Territory and: (i) for at least 10 years has engaged in practice as a barrister; and (ii) has experience in areas of law that the Prime Minister considers relevant; and (iii) 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) an inferior court 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; (g) a Part 4‑1 issuing authority.