Senate

Explanatory Memorandum

Circulated By Authority of the Cabinet Secretary, Senator the Hon John Faulkner

Schedule 3 - amendments to the AAT Act

Item 1 -subsection 21AA(1)

Item 1 is a minor amendment that is consequential to the amendment proposed at

item 2.

Item 2 - after section 21AA

Applications to the AAT for review of decisions made under the Archives Act are in general heard in the General Administrative Division of the AAT. An exception applies to an application for review of a decision by the National Archives in respect of access to a record of the Australian Security Intelligence Organisation (ASIO). Those applications must be heard in the Security Appeals Division.

The purpose of this item is to apply the same special constitution arrangements for the AAT that are addressed in item 6 Schedule 2 to National Archives decisions to claim a national security, defence or international relations exemption or a confidential foreign government communication exemption (paragraphs 33(1)(a) or (b)) in respect of an ASIO record. The restriction on participation by a presidential member who has certain associations with ASIO set out in proposed subsection 21AB(3), replicates an existing restriction that applies to review applications of this kind in the AAT (refer subsection 21AA(3)).