54EPerson to be notified of adverse criminal intelligence assessment

54E  Person to be notified of adverse criminal intelligence assessment

 (1) If an adverse criminal intelligence assessment in respect of a person is given to a Commonwealth agency under subsection 54D(3), the Commonwealth agency must give written notice of the assessment to the person.

Note: See also subsections (3) to (5) (about exceptions to subsection (1)).

Timing and content of notice

 (2) The written notice must:

 (a) be given to the person before the end of the period of 14 days beginning on the day after:

 (i) unless subparagraph (ii) applies—the day the adverse criminal intelligence assessment is given to the Commonwealth agency; or

 (ii) if a certificate under subsection (6) that was in force in relation to the adverse criminal intelligence assessment is subsequently revoked—the day the certificate is revoked; and

 (b) inform the person of the making of the adverse criminal intelligence assessment; and

 (c) include the statement of the grounds for the adverse criminal intelligence assessment that was given to the Commonwealth agency (other than information in relation to which the CEO has made a certificate under subsection 54D(7)); and

 (d) contain information concerning the person’s right to apply to the Tribunal for a review of the adverse criminal intelligence assessment.

Exception—firearms

 (3) Subsection (1) does not apply if the adverse criminal intelligence assessment is given to the Commonwealth agency in relation to any of the following decisions under a law of a State or Territory:

 (a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);

 (b) a decision about whether to renew, revoke, vary or suspend a licence a licence mentioned in paragraph (a).

 (4) Despite subsection (3), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Exception—Minister’s certificate

 (5) Subsection (1) does not apply if a certificate made under subsection (6) is in force in relation to the adverse criminal intelligence assessment.

 (6) The Minister may certify, in writing, that the Minister is satisfied that the withholding of notice to a person of the making of an adverse criminal intelligence assessment in respect of the person is essential to either or both of the following:

 (a) avoiding prejudice to law enforcement or intelligence interests;

 (b) security.

 (7) If the Minister makes a certificate under subsection (6) in relation to an adverse criminal intelligence assessment, the Minister must: