Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 19E

Constitution of Security Division

Scope

             (1)  This section applies to a proceeding in the Security Division other than a proceeding to which section 19F applies, but has effect subject to subsection 65(2) of the Australian Security Intelligence Organisation Act 1979 .

Constitution of Security Division

             (2)  The Security Division is to be constituted by a presidential member and 2 other members.

             (3)  The 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

             (4)  The presidential member is to preside at a hearing of the proceeding.

Reconstitution

             (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 subsection 19A(1) 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 is for any reason unavailable.

             (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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