Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 68

Decisions made by the Minister or Secretary personally

  (1)   If:

  (a)   a decision under this Act is made by the Minister personally or the Secretary personally; and

  (b)   reasons for the decision must be given in a notice under this Act;

the notice must not disclose any reasons whose disclosure the Minister or Secretary believes would prejudice the security, defence or international relations of Australia.

Decisions made by delegates of the Minister

  (2)   If:

  (a)   a decision under this Act is made by a delegate of the Minister under a delegation under section   73; and

  (b)   reasons for the decision must be given in a notice under this Act; and

  (c)   the delegate believes that the disclosure of some or all of the reasons would prejudice the security, defence or international relations of Australia;

then:

  (d)   the delegate must refer the particular case to the Minister; and

  (e)   if the Minister believes that the disclosure of some or all of the reasons would prejudice the security, defence or international relations of Australia--the Minister must inform the delegate of those reasons and the notice must not disclose those reasons.

Notification

  (3)   If reasons are not disclosed in a notice under this Act because of subsection   (1) or (2), that fact must be stated in the notice.