Administrative Review Tribunal Act 2024 (40 of 2024)

Part 6   Proceedings in Intelligence and Security jurisdictional area

Division 5   Decisions on review

Subdivision B   Recording and communicating decisions

166   Making and recording findings

 

(1) The Tribunal:

(a) must make and record its findings in relation to the decision; and

(b) in relation to those findings - may state the opinion of the Tribunal as to the correctness of, or justification for, any opinion, advice or information contained in the decision.

      

(2) The Tribunal must not make findings in relation to the decision that would have the effect of superseding any information that is (or is taken to be) part of the decision unless those findings state that, in the Tribunal's opinion, the information:

(a) is incorrect; or

(b) is incorrectly represented; or

(c) could not reasonably be relevant to the requirements of security; or

(d) could not reasonably be relevant for the purposes of having regard to whether there is intelligence or information that suggests that the person:

(i) may commit a serious and organised crime; or

(ii) may assist another person to commit a serious and organised crime.