Administrative Appeals Tribunal Act 1975

PART III - ORGANISATION OF THE TRIBUNAL  

Division 3 - Constitution of Tribunal  

Subdivision B - Security Division  

SECTION 19F   CONSTITUTION OF SECURITY DIVISION FOR PROCEEDINGS TO REVIEW CERTAIN ARCHIVES DECISIONS  

Scope

19F(1)  
This section applies to a proceeding in the Security Division in relation to a review of a decision of the Archives under the Archives Act 1983 relating to a record of the Australian Security Intelligence Organisation. Constitution of Security Division

19F(2)  
The Security Division is to be constituted by:


(a) 3 presidential members; or


(b) a presidential member alone.

19F(3)  
A presidential member must not participate in the proceeding if the presidential member is or has been:


(a) the Director-General of Security; or


(b) an ASIO employee or ASIO affiliate. Presiding member

19F(4)  
If the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:


(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 is - the most senior (or only) Judge; or


(c) if paragraphs (a) and (b) do not apply - the Deputy President whom the President directs to preside. Reconstitution

19F(5)  
At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under paragraph 19A(1)(a) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding ceases to be available.

19F(6)  
The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).


 

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