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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 17K

Division heads

Assignment of Division heads

             (1)  The Minister may assign a Deputy President to be the head of one or more Divisions of the Tribunal.

             (2)  Before the Minister does so, the Minister must consult:

                     (a)  the President; and

                     (b)  any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.

             (3)  The Minister must not assign a person to be the head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.

             (4)  If the assignment is made in writing, the assignment is not a legislative instrument.

             (5)  An assignment under subsection (1):

                     (a)  must be for the duration, or the remaining duration, of the person's appointment as a Deputy President; and

                     (b)  may be varied, with the person's consent; and

                     (c)  cannot be revoked.

Function of Division heads

             (6)  The head of a Division has the function of assisting the President in the performance of the President's functions by directing the business of the Tribunal in the Division.

Acting Division heads

             (7)  The Minister may, by written instrument, assign a Deputy President or senior member to act as the head of a Division during any period, or during all periods, when the head of the Division is absent from duty or from Australia. Such an assignment is taken to be an appointment to act for the purposes of the Acts Interpretation Act 1901 .



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