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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 65

Reference of certain matters to Tribunal by Attorney - General

  (1)   Where:

  (a)   before the commencement of this Act, the Organisation furnished, or is alleged to have furnished, to a Commonwealth agency a security assessment, or a communication of a similar nature, concerning a person; or

  (b)   after the commencement of this Act, the Organisation has furnished, or is alleged to have furnished, to a Commonwealth agency, State or authority of a State a security assessment, or a communication of a similar nature, concerning a person, other than a security assessment of which a copy has been delivered to that person in accordance with this Part;

the Attorney - General may, if satisfied that it is desirable to do so by reason of special circumstances, require the Tribunal to inquire and report to the Attorney - General and the Minister upon any question concerning that action or alleged action of the Organisation, and may require the Tribunal to review any such assessment or communication and any information or matter on which any such assessment or communication was based, and the Tribunal shall comply with the requirement and report its findings to the Attorney - General and the Minister.

  (1A)   For the purposes of determining whether it is desirable to make a requirement of the Tribunal under subsection   (1) in relation to a matter, the Attorney - General may request the Inspector - General of Intelligence and Security to inquire into the matter or into a specified aspect of the matter and to report to the Attorney - General and the Minister the results of the inquiry, and the Inspector - General shall comply with any such request.

  (2)   The constitution and procedure of the Tribunal under this section shall be as determined by the President.

  (3)   Sections   43 and 43AAA of the Administrative Appeals Tribunal Act 1975 and section   61 of this Act do not apply in relation to a review under this section but, when the Tribunal has made findings under this section, the Attorney - General shall, 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.


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