Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 19

             (1)  The Tribunal shall exercise powers conferred on it in Divisions of the Tribunal in accordance with this section.

Divisions of the Tribunal

             (2)  The Divisions of the Tribunal are as follows:

                     (a)  General Administrative Division;

                     (b)  Medical Appeals Division;

                  (baa)  Security Appeals Division;

                   (ba)  Taxation Appeals Division;

                     (c)  Valuation and Compensation Division; and

                     (d)  such other Divisions as are prescribed.

Assignment of non-presidential member to Division or Divisions

             (3)  The Minister must assign a non-presidential member to a particular Division or Divisions of the Tribunal and may, with the consent of the member but not otherwise, vary the assignment.

       (3AA)  Before the Minister exercises a power conferred by subsection (3), the Minister must consult the President.

Taxation Appeals Division

          (3A)  A member shall not be assigned to the Taxation Appeals Division unless the Minister has consulted with the Treasurer in relation to the assignment of the member.

Security Appeals Division

          (3B)  A non-presidential member must not be assigned to the Security Appeals Division if he or she is, or has been, the Director-General of Security or an officer, employee or agent of the Australian Security Intelligence Organisation.

Exercise of powers

             (4)  A non-presidential member shall exercise, or participate in the exercise of, the powers of the Tribunal only in the Division or Divisions of the Tribunal to which he or she is assigned.

Validity

             (5)  The foregoing provisions of this section do not affect the validity of any exercise of powers by the Tribunal otherwise than in accordance with those provisions.

Certain powers to be exercised in Security Appeals Division

             (6)  The following powers conferred on the Tribunal:

                     (a)  the powers of review in respect of applications made under section 54 of the Australian Security Intelligence Organisation Act 1979 ;

                     (b)  the power under the Archives Act 1983 to review a decision of the Australian Archives in respect of access to a record of the Australian Security Intelligence Organisation;

may be exercised by the Tribunal only in the Security Appeals Division.