(1) If:
(a) a person makes an application under section 36F for review of an adverse criminal intelligence assessment in respect of the person; and
(b) the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and
(c) the Tribunal is satisfied that it is appropriate to do so in all the circumstances of the case;
the Tribunal may order that the costs reasonably incurred by the applicant in connection with the application, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth.
Interaction with ART Act
(2) For the purposes of section 115 of the ART Act, the Commonwealth is taken to be a party to the proceeding referred to in subsection (1) of this section.