Document ID: chunk:federal_register_of_legislation:C2024C00841:section:83f
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 83F
Character Range: 446198–449043

83F  Reference of certain matters to Administrative Review Tribunal by Attorney‑General
 (1) This section applies if:
 (a) the Organisation has furnished to a security vetting agency a security clearance suitability assessment in respect of a person other than a security clearance suitability assessment of which a copy has been given to that person in accordance with this Part; or
 (b) the Organisation has made a security clearance decision in respect of a person other than a security clearance decision that is an internally reviewable decision or an externally reviewable decision.
 (2) The Attorney‑General may, if satisfied that it is desirable to do so by reason of special circumstances, require the Administrative Review Tribunal to:
 (a) inquire and report to the Attorney‑General and the Minister upon any question concerning the furnishing of the security clearance suitability assessment or the making of the security clearance decision; or
 (b) review the security clearance suitability assessment or security clearance decision and any information or matter on which the assessment or decision was based.
 (3) If the Attorney‑General makes a requirement of the Administrative Review Tribunal under subsection (2), the Tribunal must comply with the requirement and report its findings to the Attorney‑General and the Minister.
 (4) For the purposes of determining whether it is desirable to make a requirement of the Administrative Review Tribunal under subsection (2) in relation to a matter, the Attorney‑General may request the Inspector‑General of Intelligence and Security to:
 (a) inquire into the matter or into a specified aspect of the matter; and
 (b) report to the Attorney‑General and the Minister the results of the inquiry.
 (5) If the Attorney‑General makes a request of the Inspector‑General under subsection (4), the Inspector‑General must comply with the request.
 (6) The constitution and procedure of the Administrative Review Tribunal under this section must be as determined by the President of the Tribunal.
 (7) The following provisions do not apply in relation to a review under this section:
 (a) subsection 83D(1) of this Act (which is about the effect of findings);
 (b) sections 54, 105, 107, 108, 111, 112 and 163 and Subdivision B of Division 5 of Part 6 of the Administrative Review Tribunal Act 2024 (which are about the Tribunal's decision on review and the Tribunal's findings).
 (8) However, if the Administrative Review Tribunal has made findings under this section, the Attorney‑General must, subject to the requirements of security, take or cause to be taken such action in relation to those findings, by way of communication or publication of the findings or alteration of records, as the Attorney‑General considers appropriate in the interests of justice.

Part V—ASIO employees etc.