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Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024
29Subsection 36Q (note 2)
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29 Subsection 36Q (note 2)
Omit “Section 66 of the AAT”, substitute “Section 276 of the ART”.
30 Subsection 36R(2)
Omit “section 69A of the AAT Act”, substitute “section 115 of the ART Act”.
31 Section 36S
32 Schedule 1
Omit “Administrative Appeals Tribunal Act 1975, section 36”, substitute “Administrative Review Tribunal Act 2024, section 91”.
33 Amendments of listed provisions
- 36A (definition of member) AAT ART
- 36R(2) AAT ART
Australian Security Intelligence Organisation Act 1979
34 Paragraph 34AD(1)(b)
(b) a person who holds an appointment to the Administrative Review Tribunal as President or Deputy President; or
35 Subsection 54(2)
(2) The application may be made by the person in respect of whom the assessment was made and who has been given notice of the assessment under section 38 or 38A.
36 At the end of subsection 65(2)
Add “of the Tribunal”.
37 Subsection 65(3)
Omit “Sections 43 and 43AAA of the Administrative Appeals Tribunal Act 1975”, substitute “Sections 54, 105, 107, 108, 111 and 112 and Subdivision B of Division 5 of Part 6 of the Administrative Review Tribunal Act 2024”.
38 Subsection 81(3)
(a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or
39 Subsection 83B(1) (note)
40 Subsection 83B(2)
(2) The application may be made by the person in respect of whom the security clearance decision or security clearance suitability assessment was made and who has been given notice of the decision or assessment under subsection 82L(5) or 83A(1).
41 Subsection 83C(1)
Omit “Part IV of the Administrative Appeals Tribunal Act 1975 of an application to the Administrative Appeals Tribunal”, substitute “section 139 of the Administrative Review Tribunal Act 2024 of an application to the Administrative Review Tribunal”.
42 Subsection 83C(2) (note)
Omit “Administrative Appeals Tribunal (see subsection 38A(1B) of the Administrative Appeals Tribunal Act 1975)”, substitute “Administrative Review Tribunal (see paragraph 141(2)(b) of the Administrative Review Tribunal Act 2024)”.
43 After section 83C
83CA Access to security clearance standards
(a) an application is made to the Administrative Review Tribunal for review of a security clearance decision or a security clearance suitability assessment that is an externally reviewable decision; and
(b) for the purposes of the review, the Director‑General of Security gives the Tribunal a copy of a standard (or a part of a standard) certified in writing by the Director‑General as a standard relating to the Commonwealth’s highest level of security clearance.
(2) Despite section 149 of the Administrative Review Tribunal Act 2024, the applicant and any person representing the applicant must not be present when the Tribunal is hearing submissions made or evidence adduced in relation to any part of the copy unless:
(a) that part of the copy has already been disclosed to the applicant; or
(b) the Director‑General of Security consents to the applicant being present.
44 At the end of subsection 83F(6)
Add “of the Tribunal”.
45 Paragraph 83F(7)(b)
Omit “sections 43 and 43AAB of the Administrative Appeals Tribunal Act 1975”, substitute “sections 54, 105, 107, 108, 111, 112 and 163 and Subdivision B of Division 5 of Part 6 of the Administrative Review Tribunal Act 2024”.
46 Before section 93