Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

SECTION 38A   DIRECTOR-GENERAL OF SECURITY TO LODGE CERTAIN MATERIAL WITH TRIBUNAL  

38A(1)    

If an application for review of a security assessment is made in a case in which the ASIO Minister has given a certificate certifying in accordance with paragraph 38(2)(b) of the Australian Security Intelligence Organisation Act 1979 , the Director-General of Security must, within 30 days after receiving notice of the application, lodge with the Tribunal a copy of the certificate, together with a copy of the whole of the assessment.

38A(1A)    

If an application for review of a security clearance suitability assessment is made in a case in which the ASIO Minister has given a certificate certifying in accordance with paragraph 83A(4)(b) of the Australian Security Intelligence Organisation Act 1979 , the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

(a)    a copy of the certificate; and

(b)    a copy of the whole of the suitability assessment (including a copy of the statement of grounds prepared for the security clearance suitability assessment under section 82G of that Act).

Note:

The statement of grounds for a security clearance suitability assessment is taken to be part of the assessment (see subsection 82G(3) of the Australian Security Intelligence Organisation Act 1979 ).

38A(1B)    

If an application for review of a security clearance decision is made, the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

(a)    a copy of the statement of grounds prepared for the security clearance decision under section 83C of the Australian Security Intelligence Organisation Act 1979 ; and

(b)    in a case in which the ASIO Minister has given a certificate certifying in accordance with subsection 83C(6) of that Act - a copy of the certificate.

38A(2)    

The Tribunal must not, at any time, tell the applicant of the existence of, or permit the applicant to have access to any copy or particulars of, a certificate of the ASIO Minister referred to in subsection (1) , (1A) or (1B) or any matter to which the certificate relates.