Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 4   Amendments relating to the Security Division

Australian Security Intelligence Organisation Act 1979

46   Before section 93

Insert:

93A Costs in certain ART reviews

(1) If:

(a) a person makes an application under section 54 or 83B to the Administrative Review Tribunal for a review of a security assessment, security clearance decision or security clearance suitability assessment in respect of the person; and

(b) the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and

(c) the Tribunal is satisfied that it is appropriate to do so in all the circumstances of the case;

the Tribunal may order that the costs reasonably incurred by the applicant in connection with the application, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth.

(2) For the purposes of section 115 of the Administrative Review Tribunal Act 2024, the Commonwealth is taken to be a party to the proceeding referred to in subsection (1) of this section.