Commonwealth Consolidated Acts

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Review by Administrative Appeals Tribunal of decisions made by Minister

             (1)  If a reviewable decision is made:

                     (a)  by the Minister; or

                     (b)  under subsection 49(4) by a delegate of the Minister;

application may be made to the Administrative Appeals Tribunal for review of that decision.

             (2)  The Minister may, if the Minister makes:

                     (a)  a decision in response to a refusal/cancellation request made under subsection 13(1) or 14(1); or

                     (b)  a decision under subsection 49(4) on review of a decision made by a Minister's delegate in response to a refusal/cancellation request made under section 13 or 14;

certify that the decision involved matters of international relations or criminal intelligence.

             (3)  Despite section 43 of the Administrative Appeals Tribunal Act 1975 , if the Minister has given a certificate under subsection (2) in relation to a decision, then in any review of that decision the Administrative Appeals 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 directions or recommendations of the Tribunal.

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