Administrative Review Tribunal Act 2024 (40 of 2024)

Part 6   Proceedings in Intelligence and Security jurisdictional area

Division 2   Starting a review

Subdivision C   Provision of security clearance standards

143   Director-General of Security may provide standards

Providing standards

 

(1) The Director-General of Security may give the Tribunal either or both of the following:

(a) a copy of any standard (or a part of a standard) certified in writing by the Director-General as a standard relating to the Commonwealth's highest level of security clearance that was used to make the security clearance decision or the security clearance suitability assessment;

(b) a copy of any standard (or a part of a standard) certified in writing by the Director-General as a current standard relating to the Commonwealth's highest level of security clearance.

Note: A standard relating to the Commonwealth's highest level of security clearance is part of the Australian Government's framework of protective security policy.

Applying standards

      

(2) If a copy of only one standard (or part) is given, the Tribunal must apply the standard (or part) in its review of the decision.

      

(3) If copies of more than one standard (or part) are given, the Tribunal must, in its review of the decision, apply the standard (or part) certified by the Director-General as being a current standard.