(1) The Attorney-General may, by writing, appoint as an issuing authority:
(a) a person who is:
(i) a judge of a court created by the Parliament; or
(iii) a magistrate;
and in relation to whom a consent under subsection (2) is in force; or
(b) a person who:
(i) holds an appointment to the Administrative Appeals Tribunal as Deputy President, senior member (of any level) or member (of any level); and
(ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and
(iii) has been enrolled for at least 5 years.
(2) A person who is:
(a) a judge of a court created by the Parliament; or
(c) a magistrate;
may, by writing, consent to be appointed by the Attorney-General under subsection (1).
(3) A person's appointment ceases to have effect if:
(a) the person ceases to be a person whom the Attorney-General could appoint under this section; or
(b) the Attorney-General, by writing, revokes the appointment.
(3A) An appointment under subsection (1) has no effect for the purposes of Schedule 1.
(4) An issuing authority has, in relation to the performance or exercise of a function or power conferred on an issuing authority by this Act (other than Schedule 1), the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.