PART 3
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INFORMATION GATHERING
REGULATION 12
Approved examiners
12(1)
For paragraph
183(5)(a)
of the Act, the following offices are specified:
(a)
an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the
Administrative Appeals Tribunal Act 1975
;
(b)
an office held by a person who is a non-presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
12(2)
For paragraph
183(5)(a)
of the Act, the following classes of people are specified:
(a)
persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(b)
persons who have held the office of magistrate and have stated, in writing, willingness to be an approved examiner.
History
Reg 12 substituted by FRLI No F2016L01617, reg 4 and Sch 1 item 4, effective 15 October 2016. Reg 12 formerly read:
REGULATION 12 Approved examiners
12(1)
For paragraph 183(4)(a) of the Act, the class of people specified is the class that includes a person:
(a)
to whom subregulation (2) applies; and
(b)
whose name is on a register kept by the Minister for the purposes of section 183 of the Act.
12(2)
This subregulation applies to the following persons:
(a)
a person who is:
(i)
a presidential member of the Administrative Appeals Tribunal established under the
Administrative Appeals Tribunal Act 1975
; or
(ii)
a non-presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been so enrolled for at least 5 years;
(b)
a person who has held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and has stated, in writing, that he or she is willing to be an approved examiner;
(c)
a person who has held the office of magistrate and has stated, in writing, that he or she is willing to be an approved examiner.