Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen this section applies
(1) This section applies:
(a) in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and
(b) for the purposes of the operation of this Act in relation to the decision.
Person taken to be decision - maker--general rule
(2) For a decision mentioned in column 1 of an item in the following table, the decision - maker is taken to be the person mentioned in column 2 of the item.
Who is taken to be the decision - maker | ||
Item | Column 1 | Column 2 Person taken to be decision - maker |
1 | The Chief Executive Officer of the Australian Crime Commission | |
2 | The Treasurer | |
4 | The Director - General of Security | |
5 | The Director - General of Security | |
6 | The Director - General of Security | |
Exceptions
(3) Subsection (2) does not apply in relation to:
(a) section 54 (Tribunal can exercise powers of decision - maker); or
(b) section 85 (Tribunal may remit decision to decision - maker for reconsideration); or
(c) section 105 (Tribunal decision on review of reviewable decision); or
(d) section 108 (effect of Tribunal decision to vary or substitute a reviewable decision); or
(e) section 163 (security clearance decisions).