Administrative Review Tribunal Act 2024 (40 of 2024)

Part 6   Proceedings in Intelligence and Security jurisdictional area

Division 5   Decisions on review

Subdivision A   Limits on certain decisions

163   Security clearance decisions

When this section applies

 

(1) This section applies:

(a) in relation to the review of a security clearance decision; and

(b) instead of the following provisions:

(i) section 105 (Tribunal decision on review of reviewable decision);

(ii) section 112 (notice of decision and statement of reasons - other proceedings).

Possible decisions

      

(2) The Tribunal must make a decision:

(a) affirming the security clearance decision; or

(b) setting aside the security clearance decision and remitting the matter to the decision-maker for reconsideration in accordance with any orders or recommendations of the Tribunal.

When Tribunal's decision on review comes into operation

      

(3) However, section 107 (when Tribunal's decision on review comes into operation) applies as if the Tribunal's decision on the review were made under section 105.