Administrative Review Tribunal Act 2024 (40 of 2024)
Part 6 Proceedings in Intelligence and Security jurisdictional area
Division 2 Starting a review
Subdivision B Information to be provided by agency head
141 Information to be provided by agency head
When this section applies
(1) This section applies:
(a) in relation to an intelligence and security decision, other than an exempt security record decision; and
(b) instead of Subdivision B of Division 4 of Part 3 (provision of reasons and documents).
Information to be provided by agency head
(2) If the agency head is given notice of an application for review of the decision, the agency head must give the Tribunal:
(a) in any case - all the relevant information that:
(i) was used to make the decision; and
(ii) is available to the agency head; and
(b) if the decision is a security clearance decision - a copy of the statement of grounds prepared for the decision under section 83C of the ASIO Act; and
(c) if the decision is a foreign acquisitions and takeovers decision:
(i) a copy of the notice given to the person concerned under subsection 79B(1) of the Foreign Acquisitions and Takeovers Act 1975; and
(ii) a copy of the whole of the notice (without redactions).
Non-disclosure certificates
(3) If the application is for review of a decision mentioned in column 1 of an item in the following table, and a certificate mentioned in column 2 of the item has been made in relation to the decision, the agency head must also give the Tribunal the documents mentioned in column 3 of the item.
|
Non-disclosure certificates - documents to be given to Tribunal |
|||
|---|---|---|---|
|
Item |
Column 1
Decision |
Column 2
Certificate |
Column 3
Documents to be given |
|
1 |
Criminal intelligence assessment |
Certificate under subsection 36C(5) of the Australian Crime Commission Act 2002 |
The following: (a) a copy of the certificate; (b) a copy of the whole assessment (without redactions) |
|
2 |
Security assessment |
Certificate under paragraph 38(2)(b) of the ASIO Act |
The following: (a) a copy of the certificate; (b) a copy of the whole assessment (without redactions) |
|
3 |
Security clearance decision |
Certificate under subsection 83C(6) of the ASIO Act |
A copy of the certificate |
|
4 |
Security clearance suitability assessment |
Certificate under paragraph 83A(4)(b) of the ASIO Act |
The following: (a) a copy of the certificate; (b) a copy of the whole assessment (without redactions), including a copy of the statement of grounds prepared for the assessment under section 82G of the ASIO Act |
Prohibition on disclosure of subsection 79B(1) notices
(4) The Tribunal must not, at any time, permit an applicant to have access to:
(a) any copy or particulars of a notice (without redaction) given under subsection 79B(1) of the Foreign Acquisitions and Takeovers Act 1975; or
(b) any matter to which the notice (without redaction) relates.
General rules
(5) Information or a document required under this section must be given to the Tribunal within 28 days after the agency head is given notice of the application, or within such further period as the Tribunal allows.
(6) To avoid doubt, this section applies whether or not the information or documents are favourable or unfavourable to the applicant.