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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 93A

Costs in certain ART reviews

  (1)   If:

  (a)   a person makes an application under section   54 or 83B to the Administrative Review Tribunal for a review of a security assessment, security clearance decision or security clearance suitability 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.

  (2)   For the purposes of section   115 of the Administrative Review Tribunal Act 2024 , the Commonwealth is taken to be a party to the proceeding referred to in subsection   (1) of this section.



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