Administrative Review Tribunal Act 2024 (40 of 2024)

Part 6   Proceedings in Intelligence and Security jurisdictional area

Division 3   Proceedings

147   Parties to proceedings

When this section applies

 

(1) This section applies:

(a) in relation to a proceeding for review of an intelligence and security decision; and

(b) instead of the following provisions:

(i) unless the decision is an exempt security record decision - section 22 (parties to proceeding for review);

(ii) section 60 (decision-makers may elect not to participate in kind of proceeding or Tribunal case event);

(iii) section 61 (decision-maker who elects not to participate may be a non-participating party to proceeding or Tribunal case event);

(iv) section 65 (certain parties may seek to withdraw from being a party);

(v) section 83 (Tribunal may remove party from proceeding if party fails to appear or does not comply).

Parties to proceedings

      

(2) The parties to a proceeding for review of a decision mentioned in column 1 of an item in the following table are the persons mentioned in column 2 of the item.

Parties to proceedings

   

Item

Column 1

Decision

Column 2

Parties to proceeding

1

Criminal intelligence assessment

The applicant

The Chief Executive Officer of the Australian Crime Commission

2

Foreign acquisitions and takeovers decision

The applicant

The Treasurer

3

Preventative detention decision

The applicant

The AFP Commissioner

4

Security assessment

The applicant

The Director-General of Security

5

Security clearance decision

The applicant

The Director-General of Security

6

Security clearance suitability assessment

The applicant

The Director-General of Security


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