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Thursday, 4 October 1984
Page: 1197


Senator GARETH EVANS (Attorney-General)(12.40) —I take the point that Senator Durack has raised. I think that if he looks carefully at the second reading speech, he will see that it has been addressed. The second paragraph on page 3 of the original typescript of the speech makes it clear that we would propose to appoint Justice Stewart as a Deputy President of the Administrative Appeals Tribunal upon his resignation from the New South Wales Supreme Court. He would not, however, be an active member of that Tribunal until such time as his period as Chairman of the National Crime Authority wound up. The necessity to put this in statutory form is because of the need to make special provision to ensure that there is not double payment of salary for the respective positions while he is both Chairman of the National Crime Authority and also a Deputy President of the AAT. The reason it is not possible to put it otherwise than in hypothetical terms is that he cannot be appointed to the AAT until such time as he resigns from the New South Wales Supreme Court. He cannot in turn resign from the New South Wales Supreme Court until he has wound up the Royal Commission of Inquiry into the Activities of the Nugan Hand Group which he has vested in him in that capacity. I think that is the basic reason, according to my recollection . So the point that Senator Durack raised has been taken on board, for the very reason that he indicated.