Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36f
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36F
Character Range: 21758–23297

36F  Applications to Tribunal
 (1) Applications may be made to the Tribunal for review of a decision of the ACC under section 36B to make an adverse criminal intelligence assessment.
Note: Paragraph 29(1)(d) of the AAT Act generally requires an application for review of a decision to be made within 28 days after the applicant has been given a copy of the decision.
 (2) An application under subsection (1) may be made by the person in respect of whom the assessment was made and who has been given notice of the assessment under section 36D.
 (3) At any time after the completion of a review by the Tribunal of an adverse criminal intelligence assessment, applications may be made to the Tribunal for review of the findings of the Tribunal on the ground that the applicant has fresh evidence of material significance that was not available at the time of the previous review.
 (4) An application under subsection (3) for review of the findings of the Tribunal on a review of an adverse criminal intelligence assessment may be made by the person who applied for the review in which the findings were made.
 (5) If the Tribunal is satisfied that an application under subsection (3) is justified, the Tribunal may review its previous findings and:
 (a) this Act; and
 (b) the AAT Act;
apply in relation to such a review, and the findings of such a review, as if it were a review of an adverse criminal intelligence assessment.

Interaction with the AAT Act
 (6) Subsections (2) and (4) have effect despite subsection 27(1) of the AAT Act.