Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 4 - Disclosure of information  

SECTION 162   NON-DISCLOSURE CERTIFICATES UNDER OTHER ACTS  
When this section applies

162(1)    
This section applies in relation to a proceeding for review of a decision mentioned in column 1 of an item in the following table if a certificate made under the provision mentioned in column 2 of the item has been given in relation to the decision.

When this section applies
Item	Column 1 Decision	Column 2 Provision under which certificate is made
1	a criminal intelligence assessment	subsection 36C(5) of the Australian Crime Commission Act 2002
2	a security assessment	paragraph 38(2)(b) of the ASIO Act
3	a security clearance decision	subsection 83C(6) of the ASIO Act
4	a security clearance suitability assessment	paragraph 83A(4)(b) of the ASIO Act

Effect of certificate

162(2)    
The certificate does not excuse a person from disclosing information, or giving a document, to the Tribunal for the purposes of the proceeding if the person is required by or under this Act to do so.

162(3)    
However, the Tribunal must do all things necessary to ensure that:

(a)    the information or document is not disclosed or given to any person other than:

(i) a member in the course of the performance of the member ' s duties; or

(ii) the Principal Registrar in the course of the performance of the Principal Registrar ' s duties; or

(iii) a staff member in the course of the performance of the staff member ' s duties; and

(b)    in the case of a document given to the Tribunal by an agency head - the document is returned, to the agency from which it came, as soon as practicable after the Tribunal has finished considering the document.