Australian Security Intelligence Organisation Amendment Act 2023 (33 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Division 2   Amendments to other Acts

Administrative Appeals Tribunal Act 1975

26   After subsection 38A(1)

Insert:

(1A) If an application for review of a security clearance suitability assessment is made in a case in which the ASIO Minister has given a certificate certifying in accordance with paragraph 83A(4)(b) of the Australian Security Intelligence Organisation Act 1979, the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

(a) a copy of the certificate; and

(b) a copy of the whole of the suitability assessment (including a copy of the statement of grounds prepared for the security clearance suitability assessment under section 82G of that Act).

Note: The statement of grounds for a security clearance suitability assessment is taken to be part of the assessment (see subsection 82G(3) of the Australian Security Intelligence Organisation Act 1979).

(1B) If an application for review of a security clearance decision is made, the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

(a) a copy of the statement of grounds prepared for the security clearance decision under section 83C of the Australian Security Intelligence Organisation Act 1979; and

(b) in a case in which the ASIO Minister has given a certificate certifying in accordance with subsection 83C(6) of that Act - a copy of the certificate.