Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 4   Amendments relating to the Security Division

Australian Security Intelligence Organisation Act 1979

43   After section 83C

Insert:

83CA Access to security clearance standards

(1) This section applies if:

(a) an application is made to the Administrative Review Tribunal for review of a security clearance decision or a security clearance suitability assessment that is an externally reviewable decision; and

(b) for the purposes of the review, the Director-General of Security gives the Tribunal a copy of a standard (or a part of a standard) certified in writing by the Director-General as a standard relating to the Commonwealth's highest level of security clearance.

(2) Despite section 149 of the Administrative Review Tribunal Act 2024, the applicant and any person representing the applicant must not be present when the Tribunal is hearing submissions made or evidence adduced in relation to any part of the copy unless:

(a) that part of the copy has already been disclosed to the applicant; or

(b) the Director-General of Security consents to the applicant being present.