Document ID: chunk:federal_register_of_legislation:C2024C00866:section:137
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 137
Character Range: 1650613–1652848

137  Secretary to prepare report
 (1) Within 6 weeks after an application for review made under subsection 135(1), (2) or (3) or 135A(1) is received at an office of the Department in Australia, the Secretary shall:
 (a) cause to be prepared a report referring to the evidence under the control of the Department that is relevant to the review; and
 (b) subject to subsection (2), cause a copy of that report to be served on the applicant.
 (2) Where the report prepared by the Secretary in pursuance of subsection (1) contains or refers to any information, opinion or other matter:
 (a) that, in the opinion of the Secretary, is of a confidential nature; or
 (b) that, in the opinion of the Secretary, it might be prejudicial to the physical or mental health or well‑being of the applicant to communicate to the applicant;
the document served on the applicant in pursuance of paragraph (1)(b) shall not contain or refer to that information, opinion or other matter.
 (3) Where a copy of a report is served on an applicant in accordance with subsection (1), the applicant may, within 28 days after service of the report or within such further period as the applicant may request in writing before the expiration of that period, furnish to the Secretary in writing any comments the applicant wishes to make concerning the report.
 (4) The Secretary shall forward to the Principal Member of the Board all the relevant documents, including any comments furnished to the Secretary by the applicant concerning the report served on the applicant and, if a further investigation has been made in consequence of those comments of the applicant, a supplementary report referring to any evidence obtained in that further investigation:
 (a) if the applicant duly furnishes comments in accordance with subsection (3) and no further investigation is made in consequence of those comments—as soon as practicable after receipt of those comments;
 (b) if a further investigation is made in consequence of comments furnished by the applicant—as soon as practicable after the completion of that further investigation; or
 (c) in any other case—as soon as practicable after the expiration of the period or extended period referred to in subsection (3).