Administrative Review Tribunal Act 2024 (40 of 2024)
Part 6 Proceedings in Intelligence and Security jurisdictional area
Division 3 Proceedings
147 Parties to proceedings
When this section applies
(1) This section applies:
(a) in relation to a proceeding for review of an intelligence and security decision; and
(b) instead of the following provisions:
(i) unless the decision is an exempt security record decision - section 22 (parties to proceeding for review);
(ii) section 60 (decision-makers may elect not to participate in kind of proceeding or Tribunal case event);
(iii) section 61 (decision-maker who elects not to participate may be a non-participating party to proceeding or Tribunal case event);
(iv) section 65 (certain parties may seek to withdraw from being a party);
(v) section 83 (Tribunal may remove party from proceeding if party fails to appear or does not comply).
Parties to proceedings
(2) The parties to a proceeding for review of a decision mentioned in column 1 of an item in the following table are the persons mentioned in column 2 of the item.
Parties to proceedings |
||
---|---|---|
Item |
Column 1Decision |
Column 2Parties to proceeding |
1 |
Criminal intelligence assessment |
The applicant The Chief Executive Officer of the Australian Crime Commission |
2 |
Foreign acquisitions and takeovers decision |
The applicant The Treasurer |
3 |
Preventative detention decision |
The applicant The AFP Commissioner |
4 |
Security assessment |
The applicant The Director-General of Security |
5 |
Security clearance decision |
The applicant The Director-General of Security |
6 |
Security clearance suitability assessment |
The applicant The Director-General of Security |