Document ID: chunk:federal_register_of_legislation:F2025C00189:reg:13eh
Version: federal_register_of_legislation:F2025C00189
Segment Type: reg
Provision Reference: reg 13EH
Character Range: 116054–117381

13EH  Disclosure of reasons for decisions

Scope
 (1) This regulation applies in relation to a notice of a decision under this Division if this Division provides that reasons for the decision must be stated in the notice.

Decisions made by the Minister personally
 (2) If the decision is made by the Defence Minister personally, the notice of the decision must not disclose any reasons whose disclosure the Defence Minister believes would prejudice the security, defence or international relations of Australia.

Decisions made by a delegate
 (3) If the decision is made by a delegate of the Defence Minister, and the delegate believes that the disclosure of some or all of the reasons would prejudice the security, defence or international relations of Australia:
 (a) the delegate must refer the particular case to the Defence Minister; and
 (b) if the Defence Minister believes that the disclosure of some or all of the reasons would prejudice the security, defence or international relations of Australia:
 (i) the Defence Minister must inform the delegate of those reasons; and
 (ii) the notice of the decision must not disclose those reasons.

Notification that reasons have not been disclosed
 (4) If reasons are not disclosed in the notice because of subregulation (2) or (3), that fact must be stated in the notice.