Commonwealth Consolidated Acts

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FOREIGN PASSPORTS (LAW ENFORCEMENT AND SECURITY) ACT 2005 - SECT 23

Administrative review

  (1)   Application may be made to the Administrative Review Tribunal for review of a decision by the Minister under section   16 (other than subsection   16(1A)) to order the surrender of a person's foreign travel documents.

  (2)   For the purposes of section   17 of the Administrative Review Tribunal Act 2024 , the only person whose interests are taken to be affected by the decision is the person whose foreign travel documents are ordered to be surrendered.

  (3)   The Minister may, if the Minister makes a decision in response to a request under section   15, certify that the decision involved matters of international relations or criminal intelligence.

  (4)   Despite section   105 of the Administrative Review Tribunal Act 2024 , if the Minister has given a certificate under subsection   (3) in relation to a decision, then in any review of that decision the Administrative Review Tribunal may only make a decision:

  (a)   affirming the Minister's decision; or

  (b)   remitting the decision to the Minister for reconsideration in accordance with any orders or recommendations of the Tribunal.



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