Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 43AAA

Scope

             (1)  This section applies to a review conducted by the Security Appeals Division.

Findings

             (2)  Upon the conclusion of a review, the Tribunal must make and record its findings in relation to the security assessment, and 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 assessment.

             (3)  The Tribunal must not make findings in relation to an assessment that would, under section 61 of the Australian Security Intelligence Organisation Act 1979 , have the effect of superseding any information that is, under subsection 37(2) of that Act, taken to be part of the assessment unless those findings state that, in the Tribunal's opinion, the information is incorrect, is incorrectly represented or could not reasonably be relevant to the requirements of security.

Copies of findings to be given to parties etc.

             (4)  Subject to subsection (5), the Tribunal must cause copies of its findings to be given to the applicant, the Director‑General of Security, the Commonwealth agency to which the assessment was given and the Attorney‑General.

             (5)  The Tribunal may direct that the whole or a particular part of its findings, so far as they relate to a matter that has not already been disclosed to the applicant, is not to be given to the applicant or is not to be given to the Commonwealth agency to which the assessment was given.

Applicant may publish findings

             (6)  Subject to any direction by the Tribunal, the applicant is entitled to publish, in any manner that he or she thinks fit, the findings of the Tribunal so far as they have been given to him or her.

Tribunal may attach comments to findings

             (7)  The Tribunal may attach to a copy of findings to be given to the Director‑General under this section, any comments the Tribunal wishes to make on matters relating to procedures or practices of the Australian Security Intelligence Organisation that have come to the Tribunal's attention as a result of a review.

             (8)  The Tribunal must give the Minister a copy of any comments attached as mentioned in subsection (7).