Commonwealth Consolidated Acts

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 145

When this section applies

  (1)   This section applies:

  (a)   in relation to a proceeding for review of a decision in the Intelligence and Security jurisdictional area; and

  (b)   instead of section   39 (general rules for constitution of Tribunal).

Note:   Section   39 continues to apply in relation to incidental and ancillary proceedings, such those dealing with costs and extensions of time.

Constitution of Tribunal--general rule

  (2)   The Tribunal must be constituted for the purposes of the proceeding by:

  (a)   the President; or

  (b)   a Deputy President; or

  (c)   3 members, at least one of whom is the President or a Deputy President.

Note:   For constitution of the Tribunal, see Division   4 of Part   4 (constitution of Tribunal for a proceeding), and for reconstitution of the Tribunal, see Subdivision D of that Division.

Presiding member

  (3)   If the Tribunal is constituted for the purposes of the proceeding by 3 members, the presiding member must be:

  (a)   if the President is one of the members--the President; or

  (b)   if the President is not one of the members but one or more Judges are--the most senior (or only) Judge; or

  (c)   if paragraphs   (a) and (b) do not apply--a Deputy President.

Avoiding conflicts of interest--members who were agency heads

  (4)   However, none of the members can be a person who is, or was, the head of an agency within the national intelligence community if:

  (a)   in any case--the agency is a party to the proceeding; or

  (b)   if the review relates to an exempt security record decision--the document or record concerned originated with, or was received from, the agency.

Avoiding conflicts of interest--members who were certain Ministers

  (5)   In addition, none of the members can be a person who was:

  (a)   in any case--the Treasurer; or

  (b)   the Minister responsible for an agency within the national intelligence community if:

  (i)   the agency is a party to the proceeding; or

  (ii)   if the review relates to an exempt security record decision--the document or record concerned originated with, or was received from, the agency.