Administrative Review Tribunal Act 2024

This section applies:

in relation to an intelligence and security decision, other than an exempt security record decision; and

instead of Subdivision B of Division 4 of Part 3 (provision of reasons and documents).

If the agency head is given notice of an application for review of the decision, the agency head must give the Tribunal:

in any case—all the relevant information that:

was used to make the decision; and

is available to the agency head; and

if the decision is a security clearance decision—a copy of the statement of grounds prepared for the decision under section 83C of the ASIO Act; and

if the decision is a foreign acquisitions and takeovers decision:

a copy of the notice given to the person concerned under subsection 79B(1) of the Foreign Acquisitions and Takeovers Act 1975; and

a copy of the whole of the notice (without redactions).

If the application is for review of a decision mentioned in column 1 of an item in the following table, and a certificate mentioned in column 2 of the item has been made in relation to the decision, the agency head must also give the Tribunal the documents mentioned in column 3 of the item.

The Tribunal must not, at any time, permit an applicant to have access to:

any copy or particulars of a notice (without redaction) given under subsection 79B(1) of the Foreign Acquisitions and Takeovers Act 1975; or

any matter to which the notice (without redaction) relates.

Information or a document required under this section must be given to the Tribunal within 28 days after the agency head is given notice of the application, or within such further period as the Tribunal allows.

To avoid doubt, this section applies whether or not the information or documents are favourable or unfavourable to the applicant.