Administrative Review Tribunal Act 2024
When this section applies
135(1)
This section applies: (a) in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and (b) for the purposes of the operation of this Act in relation to the decision.
Person taken to be decision-maker - general rule
135(2)
For a decision mentioned in column 1 of an item in the following table, the decision-maker is taken to be the person mentioned in column 2 of the item.
| Who is taken to be the decision-maker | ||
| Item |
Column 1
Decision |
Column 2
Person taken to be decision-maker |
| 1 | Criminal intelligence assessment | The Chief Executive Officer of the Australian Crime Commission |
| 2 | Foreign acquisitions and takeovers decision | The Treasurer |
| 3 | (Repealed No 39 of 2024) | |
| 4 | Security assessment | The Director-General of Security |
| 5 | Security clearance decision | The Director-General of Security |
| 6 | Security clearance suitability assessment | The Director-General of Security |
View history note
Hide history noteExceptions
135(3)
Subsection (2) does not apply in relation to: (a) section 54 (Tribunal can exercise powers of decision-maker); or (b) section 85 (Tribunal may remit decision to decision-maker for reconsideration); or (c) section 105 (Tribunal decision on review of reviewable decision); or (d) section 108 (effect of Tribunal decision to vary or substitute a reviewable decision); or (e) section 163 (security clearance decisions).
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