Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 5 - Decisions on review  

Subdivision B - Recording and communicating decisions  

SECTION 166   MAKING AND RECORDING FINDINGS  

166(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.

166(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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.