Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36n:p1
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36N (pt 1/2)
Character Range: 37292–39995

36N  Findings of Tribunal
 (1) Upon the conclusion of a review of an adverse criminal intelligence assessment, the Tribunal must make and record its findings in relation to the assessment, and those findings may state the opinion of the Tribunal as to the correctness of, or justification for, any opinion, advice or information contained in the assessment.
 (2) The Tribunal must not make findings in relation to an adverse criminal intelligence assessment that would, under subsection (8) of this section, have the effect of superseding any information that is, under subsection 36C(3), taken to be part of the assessment unless those findings state that, in the Tribunal's opinion, the information:
 (a) is incorrect; or
 (b) is incorrectly represented; or
 (c) could not reasonably be relevant for the purposes of having regard to whether there is intelligence or information that suggests that the person:
 (i) may commit a serious and organised crime; or
 (ii) may assist another person to commit a serious and organised crime.

Copies of findings to be given to parties etc.
 (3) Subject to subsection (4), the Tribunal must cause copies of its findings to be given to:
 (a) the applicant; and
 (b) the CEO; and
 (c) the Commonwealth agency to which the assessment was given under subsection 36C(1); and
 (d) the Minister.
 (4) The Tribunal may direct that the whole or a particular part of its findings, so far as they relate to a matter that has not already been disclosed to the applicant, is not to be given to the applicant or is not to be given to the Commonwealth agency to which the assessment was given under subsection 36C(1).

Applicant may publish findings
 (5) Subject to any direction of the Tribunal, the applicant is entitled to publish, in any manner that the applicant thinks fit, the findings of the Tribunal so far as they have been given to the applicant.

Tribunal may attach comments to findings
 (6) The Tribunal may attach to a copy of findings to be given to the CEO under this section any comments the Tribunal wishes to make on matters relating to procedures or practices of the ACC that have come to the Tribunal's attention as a result of a review.
 (7) The Tribunal must give the Minister a copy of any comments attached as mentioned in subsection (6).

Treatment of findings
 (8) If an adverse criminal intelligence assessment has been reviewed by the Tribunal, the following are to treat the findings of the Tribunal, to the extent that they do not confirm the assessment, as superseding the assessment:
 (a) any Commonwealth agency concerned with prescribed administrative action to which the assessment is relevant;
 (b) any tribunal, person or authority having