Section 162 — Administrative Review Tribunal Act 2024: Non-disclosure certificates under other Acts

When this section applies (1) This section applies in relation to a proceeding for review of a decision mentioned in column 1 of an item in the following table if a certificate made under the provision mentioned in column 2 of the item has been given in relation to the decision. When this section applies Item Column 1 Decision Column 2 Provision under which certificate is made 1 a criminal intelligence assessment subsection 54D(7) of the Australian Crime Commission Act 2002 2 a security assessment paragraph 38(2)(b) of the ASIO Act 3 a security clearance decision subsection 83C(6) of the ASIO Act 4 a security clearance suitability assessment paragraph 83A(4)(b) of the ASIO Act Effect of certificate (2) The certificate does not excuse a person from disclosing information, or giving a document, to the Tribunal for the purposes of the proceeding if the person is required by or under this Act to do so. (3) However, the Tribunal must do all things necessary to ensure that: (a) the information or document is not disclosed or given to any person other than: (i) a member in the course of the performance of the member’s duties; or (ii) the Principal Registrar in the course of the performance of the Principal Registrar’s duties; or (iii) a staff member in the course of the performance of the staff member’s duties; and (b) in the case of a document given to the Tribunal by an agency head—the document is returned, to the agency from which it came, as soon as practicable after the Tribunal has finished considering the document.