Document ID: chunk:federal_register_of_legislation:C2025C00141:section:141
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 141
Character Range: 195717–197542

141  Information to be provided by agency head

When this section applies
 (1) This section applies:
 (a) in relation to an intelligence and security decision, other than an exempt security record decision; and
 (b) instead of Subdivision B of Division 4 of Part 3 (provision of reasons and documents).

Information to be provided by agency head
 (2) If the agency head is given notice of an application for review of the decision, the agency head must give the Tribunal:
 (a) in any case—all the relevant information that:
 (i) was used to make the decision; and
 (ii) is available to the agency head; and
 (b) if the decision is a security clearance decision—a copy of the statement of grounds prepared for the decision under section 83C of the ASIO Act; and
 (c) if the decision is a foreign acquisitions and takeovers decision:
 (i) a copy of the notice given to the person concerned under subsection 79B(1) of the Foreign Acquisitions and Takeovers Act 1975; and
 (ii) a copy of the whole of the notice (without redactions).

Non‑disclosure certificates
 (3) If the application is for review of a decision mentioned in column 1 of an item in the following table, and a certificate mentioned in column 2 of the item has been made in relation to the decision, the agency head must also give the Tribunal the documents mentioned in column 3 of the item.

Non‑disclosure certificates—documents to be given to Tribunal
Item                                                           Column 1                                   Column 2                                                                         Column 3

                                                               Decision                                   Certificate                                                                      Documents to be given