As well as performing their role under the Administrative Appeals Tribunal Act, members may, in their personal capacity, exercise powers under a range of other Acts.

Warrants, controlled operations and other functions

Members who meet the qualification requirements in the relevant legislation may be nominated by the responsible Minister to:

• issue telecommunications interception warrants, stored communications warrants and journalist information warrants under the Telecommunications (Interception and Access) Act 1979
• issue warrants and exercise related powers under the Surveillance Devices Act 2004
• issue examination notices under the Building and Construction Industry (Improving Productivity) Act 2016
• issue delayed notification search warrants and vary controlled operations authorities under the Crimes Act 1914
• make continued preventative detention orders under the Criminal Code Act 1995
• issue notices relating to investigations by the Fair Work Ombudsman under the Fair Work Act 2009
• make orders allowing information given to the Inspector of Transport Security to be disclosed to another government agency under the Inspector of Transport Security Act 2006
• issue monitoring warrants and exercise other powers in relation to the Narcotic Drugs Act 1967
• issue search warrants and exercise related powers under the Tobacco Plain Packaging Act 2011.

For some of these functions, only the President and Deputy Presidents may be nominated to exercise the power. For other functions, Senior Members and Members may also be nominated, generally only if they have been enrolled as a legal practitioner for at least five years.

All members are authorised to exercise a range of powers relating to monitoring providers and compliance with student visa conditions under the Education Services for Overseas Students Act 2000 and the Migration Act.

Applications relating to warrants, controlled operations and other functions, 2015–16 to 2018–19 shows the number of occasions on which members considered applications under any of the above Acts over the past four years.

We are flexible in performing these functions and members are available outside standard business hours. In the reporting period, 195 out-of-hours appointments were held.

In a proportion of applications, the issue of a warrant or other authorisation is only granted after further information is provided at the request of the authorised member. A small number of warrant applications are refused, and some are only granted after conditions are imposed, including conditions in relation to privacy. In some instances, the warrant is issued for a lesser period of time than that sought by the law enforcement agency.

Proceeds of crime examinations

The President, any Deputy President, and any Senior Member or Member enrolled as a legal practitioner for at least five years, may be appointed by the responsible Minister as an approved examiner under the Proceeds of Crime Act 2002. Approved examiners are authorised to issue examination notices at the request of the Australian Federal Police and to oversee compulsory examinations in connection with confiscation proceedings.

Examinations held under the Proceeds of Crime Act 2002, 2015–16 to 2018–19 shows the number of examination sessions conducted by members in the last four years.