Document ID: chunk:federal_register_of_legislation:C2023A00033:clause:1_39ba:p3
Version: federal_register_of_legislation:C2023A00033
Segment Type: clause
Provision Reference: sch 1 cl 39BA (pt 3/4)
Character Range: 67289–69910

do all things necessary to ensure that the identity of a person giving evidence on behalf of the Director‑General of Security is not revealed.

Evidence and submissions
 (15) The Tribunal must first hear evidence adduced, and submissions made, by or on behalf of the Director‑General of Security and any evidence or submissions that the relevant body may wish to adduce or make.
 (16) The Tribunal must next permit the applicant, if the applicant so desires, to adduce evidence before, and make submissions to, the Tribunal.
 (17) The Tribunal may, on its own initiative and at any stage of the proceeding, invite a person to give evidence or cause a person to be summoned to give evidence.
 (18) If a person invited or summoned to give evidence under subsection (17) is:
 (a) an ASIO employee or ASIO affiliate; or
 (b) an officer or employee of the relevant body;
subsection (11) applies as if any evidence to be given by the person were evidence proposed to be adduced by or on behalf of the Director‑General of Security or the relevant body, as the case may be.
 (19) If:
 (a) a party presents the party's case to the Tribunal; and
 (b) after that case has been presented, the other party adduces evidence; and
 (c) the Tribunal thinks that, because of evidence adduced by the other party, the first‑mentioned party should be further heard;
the Tribunal must give the first‑mentioned party an opportunity of adducing further evidence and submissions related to that further evidence, but must not give to the applicant any particulars of any evidence to which a certificate given under subsection (11) relates.
 (20) A member of the Tribunal may ask questions of a witness before the Tribunal and the presiding member may require a witness to answer any such question.

Dismissal of application
 (21) If the applicant fails within a reasonable time:
 (a) to proceed with the application; or
 (b) to comply with a direction by the Tribunal in relation to the application;
the President or an authorised member may dismiss the application without proceeding to review the security clearance decision or security clearance suitability assessment.

Delegation
 (22) The ASIO Minister may, by signed writing, delegate the ASIO Minister's power under subsection (11) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Australian Security Intelligence Organisation that is equivalent to or higher than a position occupied by an SES employee.
 (23) In exercising a power under a delegation under subsection (22), the delegate must comply with any written directions of the ASIO Minister.