Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)SCHEDULE 5 - CONTINGENT AMENDMENTS OF THE ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024
OUTLINE
308. This Schedule contains amendments to the ART Act which are contingent on the passage and commencement of other pieces of legislation.
AMENDMENTS
Item 1: Section 4
Insert definition
309. This item inserts the definition of ACIC and the ACC Act consequential to Item 2.
Item 2: Section 4 (after subparagraph (b)(i) of the definition of exempt security record decision)
310. This item reflects amendments proposed to the AAT Act in the Intelligence Services Legislation Amendment Bill 2023. The Intelligence Services Legislation Amendment Bill 2023 would expand the jurisdictions of the Inspector-General of Intelligence and Security and the Parliamentary Joint Committee on Intelligence and Security to oversee four additional agencies: the Australian Criminal Intelligence Commission and the intelligence functions of the Australian Federal Police, Australian Transaction Reports and Analysis Centre (AUSTRAC) and Home Affairs. The Bill provides that AAT reviews of decisions of the National Archives of Australia in respect of access to a record of the ACIC relating to a criminal intelligence assessment may only be conducted in the Security Division. In the new Tribunal, reviews currently conducted in the Security Division of the AAT will be conducted in the Intelligence and Security jurisdictional area.
311. The intent of this amendment is to provide that the power of the Tribunal under the Archives Act to review a decision of the National Archives of Australia in respect of access to a record of the ACIC relating to a criminal intelligence assessment may only be exercised in the Intelligence and Security jurisdictional area. It achieves this by including a record of the ACIC relating to a criminal intelligence assessment as part of the definition of exempt security record decision. An exempt security record decision is included in the definition of an intelligence and security decision (see definition in section 4 of the ART Act). The ART Act provides the Tribunal's powers in relation to a proceeding that relates to an intelligence and security decision are to be exercised in the Intelligence and Security jurisdictional area (see subsection 134(1)).
312. This amendment ensures that, subject to the Intelligence Services Legislation Amendment Bill 2023 passing the Parliament, and commencing, that the policy settings outlined in that Bill are given effect in the ART Act.