Administrative Review Tribunal Act 2024 (40 of 2024)
Part 6 Proceedings in Intelligence and Security jurisdictional area
Division 1 Preliminary
135 Operation in relation to decision-maker
When this section applies
(1) This section applies:
(a) in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and
(b) for the purposes of the operation of this Act in relation to the decision.
Person taken to be decision-maker - general rule
(2) For a decision mentioned in column 1 of an item in the following table, the decision-maker is taken to be the person mentioned in column 2 of the item.
|
Who is taken to be the decision-maker |
||
|---|---|---|
|
Item |
Column 1Decision |
Column 2Person taken to be decision-maker |
|
1 |
Criminal intelligence assessment |
The Chief Executive Officer of the Australian Crime Commission |
|
2 |
Foreign acquisitions and takeovers decision |
The Treasurer |
|
3 |
Preventative detention decision |
The AFP Commissioner |
|
4 |
Security assessment |
The Director-General of Security |
|
5 |
Security clearance decision |
The Director-General of Security |
|
6 |
Security clearance suitability assessment |
The Director-General of Security |
Exceptions
(3) Subsection (2) does not apply in relation to:
(a) section 54 (Tribunal can exercise powers of decision-maker); or
(b) section 85 (Tribunal may remit decision to decision-maker for reconsideration); or
(c) section 105 (Tribunal decision on review of reviewable decision); or
(d) section 108 (effect of Tribunal decision to vary or substitute a reviewable decision); or
(e) section 163 (security clearance decisions).