Section 135 — Administrative Review Tribunal Act 2024: Operation in relation to decision-maker

When 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 Decision Column 2 Person taken to be decision-maker 1 Criminal intelligence assessment The Chief Executive Officer of the Australian Crime Commission 2 Foreign acquisitions and takeovers decision The Treasurer 4 Security assessment The Director-General of Security 5 Security clearance decision The Director-General of Security 6 Security clearance suitability assessment 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).