54JApplications to Tribunal

54J  Applications to Tribunal

 (1) An application may be made to the Tribunal for review of a decision of the ACC under section 54C to make an adverse criminal intelligence assessment.

Note 1: Section 18 of the ART Act generally requires an application for review of a decision to be made within the period prescribed by rules made under that Act.

Note 2: See also subsections (4) and (5) (about an exception to subsection (1)).

 (2) An application under subsection (1) 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 54E.

Interaction with the ART Act

 (3) Subsection (2) has effect despite subsection 17(1) of the ART Act (about who can apply for review).

Exception

 (4) Subsection (1) does not apply if the adverse criminal intelligence assessment was 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 mentioned in paragraph (a).

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