Administrative Appeals Tribunal Act 1975

PART VI - MISCELLANEOUS  

SECTION 69B   COSTS IN CERTAIN SECURITY DIVISION REVIEWS  

69B(1)    
If:

(a)    

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a person makes an application under section 54 or 83B of the Australian Security Intelligence Organisation Act 1979 to the Tribunal for a review of a security assessment, security clearance decision or security clearance suitability assessment in respect of the person; and

(b)    the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and

(c)    the Tribunal is satisfied that it is appropriate to do so in all the circumstances of the case;

the Tribunal may order that the costs reasonably incurred by the applicant in connection with the application, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth.

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History

S 69B(1) amended by No 33 of 2023, s 3 and Sch 1 item 43, by substituting para (a), effective 1 July 2023. Para (a) formerly read:

(a) a person makes an application under section 54 of the Australian Security Intelligence Organisation Act 1979 to the Tribunal for a review of an adverse or qualified security assessment in respect of the person; and

S 69B(1) inserted by No 175 of 1995, s 3, Sch 1; amended by No 161 of 1999, s 2, Sch 3 [ 15].

69B(2)    
For the purposes of section 69A , the Commonwealth is taken to be a party to the proceeding referred to in subsection (1) of this section.

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History

S 69B(2) inserted by No 175 of 1995, s 3, Sch 1.

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