Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:1_130g:p1
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 1 cl 130G (pt 1/3)
Character Range: 155784–158530

130G  Procedure for review

Review of reviewable decision
 (1) If an application for a review of a reviewable decision is made to the Tribunal, the Tribunal is to review the decision in accordance with this section.

Parties
 (2) Despite section 30 of the AAT Act, the parties to the proceeding are the Treasurer and the applicant but the agency in the national intelligence community that provided advice to the Treasurer in relation to the decision is entitled to adduce evidence and make submissions.

Treasurer must present all relevant information
 (3) It is the duty of the Treasurer to present to the Tribunal all relevant information available to the Treasurer, whether favourable or unfavourable to the applicant.

Member may require parties to attend etc.
 (4) A member who is to participate, or who is participating, in the hearing may, at any time, require either or both of the parties to attend or be represented before the member for the purpose of conferring with the member concerning the conduct of the review with a view to identifying the matters in issue or otherwise facilitating the conduct of the proceedings.

Proceedings to be in private
 (5) The proceedings are to be in private and, subject to this section, the Tribunal is to determine what people may be present at any time.

Right of parties etc. to be present
 (6) Subject to subsection (9), the applicant and a person representing the applicant may be present when the Tribunal is hearing submissions made or evidence adduced by:
 (a) the Treasurer; or
 (b) the agency in the national intelligence community that provided advice to the Treasurer.
 (7) The Treasurer or a person representing the Treasurer, and a person representing the agency in the national intelligence community that provided advice to the Treasurer, may be present when the Tribunal is hearing submissions made or evidence adduced by the applicant.

National security certificate
 (8) The Treasurer may, by signed writing, certify that evidence proposed to be adduced, or submissions proposed to be made, by or on behalf of the Treasurer, or the agency in the national intelligence community that provided advice to the Treasurer, are of such a nature that the disclosure of the evidence or submissions would be contrary to national security.
Note: See also subsection (19).
 (9) If such a certificate is given:
 (a) the applicant must not be present when the evidence is adduced or the submissions are made; and
 (b) a person representing the applicant must not be present when the evidence is adduced or the submissions are made unless the Treasurer consents.
 (10) If a person representing the applicant is present when evidence to which a certificate given under subsection (8) relates is