Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 5 - Decisions on review  

Subdivision A - Limits on certain decisions  

SECTION 163   SECURITY CLEARANCE DECISIONS  
When this section applies

163(1)    
This section applies:

(a)    in relation to the review of a security clearance decision; and

(b)    instead of the following provisions:

(i) section 105 (Tribunal decision on review of reviewable decision);

(ii) section 112 (notice of decision and statement of reasons - other proceedings).

Possible decisions

163(2)    
The Tribunal must make a decision:

(a)    affirming the security clearance decision; or

(b)    setting aside the security clearance decision and remitting the matter to the decision-maker for reconsideration in accordance with any orders or recommendations of the Tribunal.

When Tribunal ' s decision on review comes into operation

163(3)    
However, section 107 (when Tribunal ' s decision on review comes into operation) applies as if the Tribunal ' s decision on the review were made under section 105 .