Subject to subsection (1C), the Director-General may, by writing, delegate any or all of the Director-General’s powers and functions under subsection 82D(1) to a person who is an ASIO employee or an ASIO affiliate.

The Director-General may delegate the power or function under subsection 82D(1) to:

This Part (other than section 81) does not apply in relation to the exercise of a power or the performance of a function under Part IVA.

To avoid doubt:

This Part is made for the purposes of paragraph 17(1)(cb) (which specifies the Organisation’s function in relation to security vetting and security clearance related activities).

To avoid doubt:

For the purposes of the Organisation’s function under paragraph 17(1)(cb), the Organisation may do any of the following:

If, at a time, the Organisation assumes responsibility for a security clearance under paragraph (1)(f):

To avoid doubt, nothing in this Act prevents the Organisation from making a security clearance decision to impose a condition, or vary a condition imposed, on a security clearance in respect of a person in the following circumstances:

The powers and functions of the Organisation under this Part may be exercised or performed on behalf of the Organisation by the Director-General.

(2) The Director-General must ensure that the Organisation has policies and procedures in place in relation to the exercise of a power or the performance of a function under this Part, including policies and procedures for the following:

(3) If a policy or procedure referred to in subsection (2) is in writing, the policy or procedure is not a legislative instrument.

(1) This section applies in relation to a communication by the Organisation to another security vetting agency that is an authority of the Commonwealth (a Commonwealth security vetting agency).

(2) A Commonwealth security vetting agency must not make, refuse to make or refrain from making a security clearance decision in respect of a person on the basis of any communication in relation to the person made by the Organisation not amounting to a security clearance suitability assessment.

Subsection (2) does not prevent a Commonwealth security vetting agency from making a security clearance decision to temporarily:

The circumstances are that:

(1) This section applies in relation to a communication (including a security clearance suitability assessment) by the Organisation to a security vetting agency that is a State or an authority of a State (a State security vetting agency).

Without limiting paragraph 82C(1)(d), the Organisation may furnish a security clearance suitability assessment in respect of a person to a State security vetting agency by:

The Organisation must not furnish a communication concerning a person, other than in the form of a security clearance suitability assessment or in accordance with subsection (4), to:

The Organisation may make a communication, pending the furnishing by the Organisation of a security clearance suitability assessment in respect of a person, to:

For the purposes of subsection (4), the security clearance decision is a decision to temporarily:

The Director-General may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

The Organisation must prepare a statement of grounds for a prejudicial security clearance suitability assessment furnished in respect of a person.

The statement of grounds must contain all information that has been relied on by the Organisation in making the prejudicial security clearance suitability assessment, other than information the inclusion of which would, in the opinion of the Director-General or a person authorised by the Director-General under subsection (4), be prejudicial to security.

For the purposes of this Part, the statement of grounds is taken to be part of the prejudicial security clearance suitability assessment.

The Director-General may, in writing, authorise a person for the purposes of subsection (2) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

(1) For the purposes of this Division, each of the following security clearance decisions is an internally reviewable decision:

(2) A decision of an internal reviewer, on behalf of the Organisation, under subsection 82L(3) is not an internally reviewable decision for the purposes of this Division.

(3) A security clearance decision in respect of a person is not an internally reviewable decision for the purposes of this Division if the person:

(1) Within 14 days after the day on which an internally reviewable decision is made, the Organisation must give the affected person, and the sponsoring agency for the security clearance in relation to which the decision was made, notice in writing of the decision and reasons for the decision.

A notice given under subsection (1) must also contain prescribed information concerning the affected person’s right to apply to the Organisation under this Subdivision for internal review of the decision.

(3) Section 25D of the Acts Interpretation Act 1901 does not apply in relation to the reasons notified under subsection (1).

Without limiting what the Organisation can choose to include or not include in the reasons notified under subsection (1), the Organisation may withhold any of the following from the reasons:

The Director-General may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

An affected person may apply under this section for the review of an internally reviewable decision.

An application for review must be made, in writing, to the Organisation within:

(1) If an application for review of an internally reviewable decision is made in accordance with internal reviewer) to review the decision in as timely a manner as is possible.section 82K, the Organisation must arrange for a person (the

The internal reviewer must not be the person who made the internally reviewable decision.

After reviewing the decision, the internal reviewer, on behalf of the Organisation:

(4) A decision of an internal reviewer under paragraph (3)(a) is also taken to be a security clearance decision made by the Organisation for the purposes of paragraph 82C(1)(b).

Within 14 days after the day on which the internal reviewer makes a decision under this section, the Organisation must give the affected person, and the sponsoring agency for the security clearance in relation to which the decision was made, notice in writing of the internal reviewer’s decision and reasons for the decision.

If the internal reviewer’s decision under subsection (3) is an externally reviewable decision under Subdivision B, the notice given under subsection (5) must also contain prescribed information concerning the affected person’s right to apply to the Administrative Appeals Tribunal under that Subdivision for review of the decision.

(6A) If the internal reviewer’s decision under subsection (3) is an independently reviewable decision under Subdivision C, the notice given under subsection (5) must also contain prescribed information concerning the affected person’s right to apply to an independent reviewer under that Subdivision for review of the decision.

(7) Section 25D of the Acts Interpretation Act 1901 does not apply in relation to the reasons notified under subsection (5).

Without limiting what the Organisation can choose to include or not include in the reasons notified under subsection (5) for a decision, the Organisation may withhold any of the following from the reasons:

The Director-General may, in writing, authorise a person for the purposes of subsection (8) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

(1) For the purposes of this Division, each of the following security clearance decisions by an internal reviewer, on behalf of the Organisation, is an externally reviewable decision:

(2) For the purposes of this Division, a prejudicial security clearance suitability assessment in respect of a person (the affected person) furnished by the Organisation to a security vetting agency is an externally reviewable decision.

(3) However, a security clearance decision or a prejudicial security clearance suitability assessment in respect of a person is not an externally reviewable decision for the purposes of this Division if the person:

For the purposes of this section:

Within 14 days after the day on which the Organisation furnishes a prejudicial security clearance suitability assessment that is an externally reviewable decision to a security vetting agency, the security vetting agency must give the affected person notice in writing of the assessment and a copy of the assessment (including a copy of the statement of grounds for the assessment).

A notice given under subsection (1) must also contain prescribed information concerning the affected person’s right to apply to the Administrative Appeals Tribunal under this Subdivision for review of the externally reviewable decision.

However:

The Minister may, by writing signed by the Minister and given to the Director-General, certify that the Minister is satisfied that:

If the Minister gives a certificate under subsection (4), the Minister must cause a copy of the certificate to be given to the following:

Before the end of the following periods, the Minister must consider whether to revoke a certificate given under paragraph (4)(a) (if the certificate remains in force):

The Minister may, in writing, delegate the Minister’s powers and functions under paragraph (4)(b) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

(8) In performing a function or exercising a power under a delegation under subsection (7), the delegate must comply with any written directions of the Minister.

Applications may be made to the Administrative Appeals Tribunal for review of security clearance decisions, or security clearance suitability assessments, that are externally reviewable decisions.

At any time after the completion of a review by the Administrative Appeals Tribunal of the security clearance decision or security clearance suitability assessment, an application may be made to the Tribunal for review of the findings of the Tribunal on the ground that the applicant has fresh evidence of material significance that was not available at the time of the previous review.

(1) This section applies if the Director-General is notified under Administrative Appeals Tribunal Act 1975 of an application to the Administrative Appeals Tribunal for the review of a security clearance decision that is an externally reviewable decision.Part IV of the

As soon as practicable after the Director-General receives notice of the application, the Organisation must:

The statement of grounds must contain all information that has been relied on by the Organisation in making the security clearance decision.

For the purposes of this Part, the statement of grounds is taken to be part of the security clearance decision.

If the security clearance decision is in respect of the Commonwealth’s highest level of security clearance, the copy of the statement of grounds given to the affected person must not include the following:

The Minister may, by writing signed by the Minister and given to the Director-General, certify that the Minister is satisfied that the disclosure to an affected person of the statement of grounds for the security clearance decision in respect of the affected person, or a particular part of that statement, would be prejudicial to the interests of security.

If the Minister gives a certificate in accordance with subsection (6) in respect of the statement of grounds for the security clearance decision, the copy of the statement of grounds, or that part of the statement to which the certificate applies, must not be given to the affected person.

The Director-General may, in writing, authorise a person for the purposes of subsection (5) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

The Minister may, in writing, delegate the Minister’s powers and functions under subsection (6) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

In performing a function or exercising a power under a delegation under subsection (9), the delegate must comply with any written directions of the Minister.

If a security clearance decision, or security clearance suitability assessment, that is an externally reviewable decision has been reviewed by the Administrative Appeals Tribunal:

If the Administrative Appeals Tribunal has made findings upon a review of a security clearance decision, or security clearance suitability assessment, that is an externally reviewable decision, the Organisation must not make a further security clearance decision or security clearance suitability assessment in respect of the affected person that is not in accordance with those findings except on the basis of matters occurring after the review or of which evidence was not available at the time of the review.

The Minister may, in exceptional circumstances, issue a conclusive certificate in relation to a security clearance decision, or security clearance suitability assessment, that is an externally reviewable decision if the Minister believes that:

The Administrative Appeals Tribunal must not review, or continue to review, a security clearance decision or security clearance suitability assessment in relation to which the Minister has issued a conclusive certificate under subsection (1).

(1) For the purposes of this Division, each of the following security clearance decisions by an internal reviewer, on behalf of the Organisation, is an independently reviewable decision:

(2) However, a security clearance decision in respect of a person is not an independently reviewable decision for the purposes of this Division if the person:

For the purposes of this section:

An affected person may apply under this section for review of an independently reviewable decision.

An application for review must be made, in writing, to an independent reviewer within:

As soon as practicable after receiving an application made in accordance with subsection (2), the independent reviewer must:

If the Director-General receives notice under paragraph 83EB(3)(b) that the independent reviewer has decided to review the independently reviewable decision, the Director-General must, in as timely a manner as is possible, provide to the independent reviewer all information that was relied upon by the internal reviewer in making the independently reviewable decision.

Without limiting subsection (1), the Director-General may provide to the independent reviewer a copy of any standard (or part thereof) certified in writing by the Director-General as a standard relating to the Commonwealth’s highest level of security clearance that was used to make the independently reviewable decision.

The independent reviewer may, in writing, request the Director-General to seek information from the affected person for the purposes of the independent review.

If the Director-General receives a request under subsection (3), the Director-General must use the Director-General’s best endeavours to seek the information from the affected person and provide the information to the independent reviewer.

The independent reviewer must:

The Director-General may, in writing, delegate the Director-General’s powers and functions under subsection (1) to an ASIO employee, or an ASIO affiliate.

The Director-General may, in writing, delegate the Director-General’s powers and functions under paragraph (5)(a) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

(8) In performing a function or exercising a power under a delegation under subsection (6) or (7), the delegate must comply with any written directions of the Director-General.

This section applies if the independent reviewer decides under subsection 83EB(3) to review the independently reviewable decision.

The independent reviewer must review the decision in as timely a manner as is possible.

In reviewing the decision the independent reviewer must:

After reviewing the decision, the independent reviewer must give the Director-General, in writing, the independent reviewer’s opinion as to whether the independently reviewable decision was reasonably open to have been made by the internal reviewer who made the decision.

The independent reviewer must also give a copy of the opinion to the Inspector-General of Intelligence and Security.

Within 14 days after the day on which the independent reviewer gives the Director-General the opinion under subsection (4), the independent reviewer must give the affected person, and the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made, notice that the opinion has been given.

The independent reviewer must not give the opinion to the affected person or the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made.

If the independent reviewer has, under subsection 83ED(4), given the Director-General an opinion in relation to the independently reviewable decision, the Director-General must, in as timely a manner as is possible, consider the opinion and decide whether to take any action.

The Director-General must, as soon as practicable after deciding whether to take any action, give the affected person, the Inspector-General of Intelligence and Security and the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made notice in writing of the Director-General’s decision.

If an action the Director-General decides to take is to cause the Organisation to make a new security clearance decision in respect of the affected person under Division 2, the Director-General must ensure that the new decision is not made by either of the following:

The Director-General may, in writing, delegate the Director-General’s powers and functions under subsection (1) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

(5) In performing a function or exercising a power under a delegation under subsection (4), the delegate must comply with any written directions of the Director-General.

The Attorney-General may, on behalf of the Commonwealth, engage one or more individuals, as contractors, to be independent reviewers for the purposes of this Subdivision.

The engagement must be by written agreement.

The Attorney-General must not engage a person to be an independent reviewer unless the Attorney-General is satisfied that:

A person must not be engaged as an independent reviewer if the person is a current, or former, ASIO employee or ASIO affiliate.

This section applies if:

The Attorney-General may, if satisfied that it is desirable to do so by reason of special circumstances, require the Administrative Appeals Tribunal to:

If the Attorney-General makes a requirement of the Administrative Appeals Tribunal under subsection (2), the Tribunal must comply with the requirement and report its findings to the Attorney-General and the Minister.

For the purposes of determining whether it is desirable to make a requirement of the Administrative Appeals Tribunal under subsection (2) in relation to a matter, the Attorney-General may request the Inspector-General of Intelligence and Security to:

If the Attorney-General makes a request of the Inspector-General under subsection (4), the Inspector-General must comply with the request.

The constitution and procedure of the Administrative Appeals Tribunal under this section must be as determined by the President.

The following provisions do not apply in relation to a review under this section:

However, if the Administrative Appeals Tribunal has made findings under this section, the Attorney-General must, subject to the requirements of security, take or cause to be taken such action in relation to those findings, by way of communication or publication of the findings or alteration of records, as the Attorney-General considers appropriate in the interests of justice.

(1) Paragraph 82C(1)(a) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to security vetting undertaken on or after the commencement of this item, other than security vetting undertaken for the purposes of:

(2) Paragraph 82C(1)(b) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division:

(3) Paragraph 82C(1)(c) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to the ongoing security vetting and assessment, after the commencement of this item, in respect of a security clearance whether the security clearance was granted before, on or after the commencement of this item.

(4) Paragraph 82C(1)(d) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a security clearance suitability assessment furnished on or after the commencement of this item in respect of a person, whether or not the person held a security clearance before the commencement of this item.

(5) Paragraph 82C(1)(e) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a communication, on or after the commencement of this item, in respect of a security clearance whether the security clearance was granted before, on or after the commencement of this item.

(6) Paragraph 82C(1)(f) of the Australian Security Intelligence Organisation Act 1979, as inserted by this Division, applies in relation to a security clearance for which the Organisation assumes responsibility on or after the commencement of this item, whether the security clearance was granted before, on or after the commencement of this item.

(7) To avoid doubt, the Australian Security Intelligence Organisation Act 1979, as in force immediately before the commencement of this item, continues to apply in relation to the following:

To avoid doubt, nothing in this Division affects the capacity of a security vetting agency other than the Organisation to make a security clearance decision on the basis of a security assessment mentioned in paragraph (7)(a) or (b).

(4) An application under subsection 83B(1) of the Australian Security Intelligence Organisation Act 1979 for review of a security clearance decision or security clearance suitability assessment may be made by a person in respect of whom the decision or suitability assessment was made and who has, in accordance with Part IVA of that Act, been given notice of the decision or suitability assessment.

(5) An application under subsection 83B(2) of the Australian Security Intelligence Organisation Act 1979 for review of the findings of the Tribunal on a review of a security clearance decision or security clearance suitability assessment may be made by the person who applied for the review in which the findings were made.

If the Tribunal is satisfied that an application referred to in subsection (5) is justified, it may review its previous findings, and this Act applies in relation to such a review and the findings in such a review as if it were the review of a security clearance decision or security clearance suitability assessment.

If an application is made to the Tribunal for a review of a security clearance decision or security clearance suitability assessment, the Registrar must give a copy of the application, and a copy of the statement lodged with the application, to:

If subsection (2) applies, the Registrar must also give the applicant written notice of receipt of the application.

(1A) If an application for review of a security clearance suitability assessment is made in a case in which the ASIO Minister has given a certificate certifying in accordance with paragraph 83A(4)(b) of the Australian Security Intelligence Organisation Act 1979, the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

If an application for review of a security clearance decision is made, the Director-General of Security must, as soon as practicable after receiving notice of the application, lodge with the Tribunal:

If an application for a review of a security clearance decision or security clearance suitability assessment is made to the Tribunal, the Tribunal is to review the decision or suitability assessment in accordance with this section.

(2) The parties to the proceeding are the Director-General of Security and the applicant, but each of the following bodies (the relevant body) is entitled to adduce evidence and make submissions:

It is the duty of the Director-General of Security to present to the Tribunal all information available to the Director-General (whether favourable or unfavourable to the applicant) that is relevant to the findings made in the statement of grounds for the security clearance decision or security clearance suitability assessment.

Without limiting subsection (3), the Director-General of Security may present to the Tribunal:

To avoid doubt, the Director-General of Security may present to the Tribunal both copies of a standard (or part thereof) referred to in paragraphs (4)(a) and (b).

A member who is to participate, or who is participating, in the hearing may, at any time, require either or both of the parties to attend or be represented before the member for the purpose of conferring with the member concerning the conduct of the review with a view to identifying the matters in issue or otherwise facilitating the conduct of the proceedings.

The proceedings are to be in private and, subject to this section, the Tribunal is to determine which people may be present at any time.

Subject to subsections (9) and (12), the applicant and a person representing the applicant may be present when the Tribunal is hearing submissions made or evidence adduced by the Director-General of Security or the relevant body.

The applicant and any person representing the applicant must not be present when the Tribunal is hearing submissions made or evidence adduced in relation to any part of a copy of any standard presented to the Tribunal under subsection (4) that has not already been disclosed to the applicant.

The Director-General of Security or a person representing the Director-General, and a person representing the relevant body, may be present when the Tribunal is hearing submissions made or evidence adduced by the applicant.

The ASIO Minister may, by signed writing, certify that evidence proposed to be adduced or submissions proposed to be made by or on behalf of the Director-General of Security or the relevant body are of such a nature that the disclosure of the evidence or submissions would be contrary to the public interest because it would prejudice security or the defence of Australia.

If such a certificate is given:

A person representing the applicant commits an offence if:

If the Director-General of Security so requests, the Tribunal must do all things necessary to ensure that the identity of a person giving evidence on behalf of the Director-General of Security is not revealed.

The Tribunal must first hear evidence adduced, and submissions made, by or on behalf of the Director-General of Security and any evidence or submissions that the relevant body may wish to adduce or make.

The Tribunal must next permit the applicant, if the applicant so desires, to adduce evidence before, and make submissions to, the Tribunal.

The Tribunal may, on its own initiative and at any stage of the proceeding, invite a person to give evidence or cause a person to be summoned to give evidence.

If a person invited or summoned to give evidence under subsection (17) is:

If:

A member of the Tribunal may ask questions of a witness before the Tribunal and the presiding member may require a witness to answer any such question.

If the applicant fails within a reasonable time:

The ASIO Minister may, by signed writing, delegate the ASIO Minister’s power under subsection (11) to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Australian Security Intelligence Organisation that is equivalent to or higher than a position occupied by an SES employee.

In exercising a power under a delegation under subsection (22), the delegate must comply with any written directions of the ASIO Minister.

The ASIO Minister may, by signed writing, delegate the ASIO Minister’s power under subsection (2), to the extent it applies in relation to review of a security clearance decision or security clearance suitability assessment, to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Australian Security Intelligence Organisation that is equivalent to or higher than a position occupied by an SES employee.

In exercising a power under a delegation under subsection (12), the delegate must comply with any written directions of the ASIO Minister.

This section applies to a proceeding in the Security Division for a review of a security clearance decision or a security clearance suitability assessment in respect of the Commonwealth’s highest level of security clearance.

If the Director-General of Security presents to the Tribunal a certified copy of a standard (or part thereof) under subsection 39BA(4):

The Tribunal must, subject to this section and section 46, do all things necessary to ensure that a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), or any information contained in it, is not disclosed to the applicant or any person other than:

(4) Subsection (5) applies if the Tribunal is provided with a document containing information (the sensitive information) certified in writing by the Director-General of Security as being information that, in the opinion of the Director General or a person authorised by the Director-General under subsection (9):

The Tribunal must, subject to this section and section 46, do all things necessary to ensure that the sensitive information provided to the Tribunal is not disclosed to the applicant or any person other than:

However, subsections (3) and (5) do not apply in relation to disclosure to the applicant or a person representing the applicant to the extent that the information:

This section does not prevent the disclosure of a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), any information contained in it, or any sensitive information referred to in subsection (4) of this section to a member of the Tribunal’s staff in the course of the performance of the staff member’s duties.

This section excludes the operation, apart from this section, of any rules of law relating to the public interest that would otherwise apply in relation to the disclosure in a proceeding of a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), any information contained in it, or any sensitive information referred to in subsection (4) of this section.

The Director-General of Security may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Australian Security Intelligence Organisation that is equivalent to or higher than a position occupied by an SES employee.

This section applies to a review in the Security Division of a security clearance decision or security clearance suitability assessment.

Upon the conclusion of a review, the Tribunal must make and record its findings in relation to the security clearance decision or security clearance suitability assessment, and those findings may state the opinion of the Tribunal as to the correctness of, or justification for any recommendation, opinion, advice or information contained in the decision or suitability assessment.

(3) The Tribunal must not make findings in relation to a security clearance decision or security clearance suitability assessment that would, under subsection 83D(1) of the Australian Security Intelligence Organisation Act 1979, have the effect of superseding any information that is, under section 82G or 83C of that Act, taken to be part of the decision or suitability assessment unless those findings state that, in the Tribunal’s opinion, the information is incorrect, is incorrectly represented or could not reasonably be relevant to the requirements of security.

(4) Subject to subsection (5), the Tribunal must cause copies of its findings to be given to the applicant, the Director-General of Security, the ASIO Minister and the following body (the relevant body):

The Tribunal may direct that the whole or a particular part of its findings, so far as they relate to a matter that has not already been disclosed to the applicant, is not to be given to the applicant or is not to be given to the relevant body.

Subject to any direction by the Tribunal, the applicant is entitled to publish, in any manner that the applicant thinks fit, the findings of the Tribunal so far as they have been given to the applicant.

The Tribunal may attach to a copy of findings to be given to the Director-General under this section any comments the Tribunal wishes to make on matters relating to procedures or practices of the Australian Security Intelligence Organisation that have come to the Tribunal’s attention as a result of a review.

The Tribunal must give the Minister a copy of any comments attached as mentioned in subsection (7).

If the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) is sent:

However, subsection (3A) does not apply in relation to disclosure to the person who was the applicant, or a person representing the person who was the applicant, in the proceedings before the Tribunal to the extent that the information:

Paragraphs (2)(b) and (d) do not prevent ONI from performing its function under paragraph 7(1)(ba).

For the purpose of ONI performing its function under paragraph 7(1)(ba), any Commonwealth authority may provide to ONI information, documents or things that relate, or may relate, to that function, even if doing so would not otherwise fall within the Commonwealth authority’s statutory functions.