Administrative Review Tribunal Act 2024 (40 of 2024)
Part 6 Proceedings in Intelligence and Security jurisdictional area
Division 1 Preliminary
137 Meaning of relevant body
When this section applies
(1) This section applies in relation to a proceeding in the Intelligence and Security jurisdictional area.
Meaning of relevant body
(2) The relevant body for a decision mentioned in column 1 of an item in the following table is the Commonwealth entity or the part of a Commonwealth entity, or the State or Territory government entity, mentioned in column 2 of the item.
|
Meaning of relevant body |
||
|---|---|---|
|
Item |
Column 1Decision |
Column 2Relevant body |
|
1 |
Criminal intelligence assessment |
The entity to which the assessment was given |
|
2 |
Foreign acquisitions and takeovers decision |
The agency within the national intelligence community that provided advice to the Treasurer in relation to the decision |
|
3 |
Preventative detention decision |
The agency within the national intelligence community (if any) that provided advice to the Australian Federal Police in relation to the preventative detention order concerned |
|
4 |
Security assessment |
The entity to which the assessment was given |
|
5 |
Security clearance decision |
The sponsoring agency in relation to the security clearance |
|
6 |
Security clearance suitability assessment |
Both: (a) the security vetting agency to which the assessment was given; and (b) the sponsoring agency in relation to the security clearance concerned if that agency was given the assessment by ASIO |