124WReview may be of only a proportion of notices

124W Review may be of only a proportion of notices

(1) The IBAC must decide whether a review under section 124V is to be a review of only a proportion of the unlawful association notices referred to in that section that were in effect at any time during the period under review.

(2) If the IBAC decides to review only a proportion of those unlawful association notices, the IBAC must—

(a) select the unlawful association notices to be reviewed; and

(b) give the Chief Commissioner a written notice identifying those notices.

(3) In selecting unlawful association notices under subsection (2)(a), the IBAC—

(a) must have regard to—

(i) the number of notices that were in effect at any time during the period under review; and

(ii) the need for the selected notices to constitute a representative sample of the notices that were in effect at any time during the period under review; and

(iii) the need for the selection of the notices to enable a review that can appropriately scrutinise the operation of the scheme for which this Part provides; and

(iv) the need to detect whether that scheme is operating inappropriately, including by disproportionately affecting Aboriginal persons and Torres Strait Islanders; and

(v) the results of previous reviews in respect of previous periods; and

(vi) relevant risks or issues that have arisen in the course of the exercise of powers under section 124T; and

(b) may have regard to any other matter the IBAC considers relevant.

(4) If the IBAC decides not to review only a proportion of the unlawful association notices in conducting a review under section 124V, the IBAC must give the Chief Commissioner a written notice informing the Chief Commissioner of that decision.

(5) On receiving a written notice under subsection (2)(b) or (4), the Chief Commissioner must allow the IBAC access to all information that relates to the unlawful association notices that are to be reviewed.

S. 124X inserted by No. 37/2024 s. 29.