Commonwealth Consolidated Acts

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 36D

  (1)   If an adverse criminal intelligence assessment in respect of a person is given to a Commonwealth agency under subsection   36C(1), the Commonwealth agency must give written notice of the assessment to the person, unless a certificate made under subsection   (4) is in force in relation to the assessment.

  (2)   The written notice must:

  (a)   be given to the person within the period of 14 days beginning on the day after:

  (i)   unless subparagraph   (ii) applies--the day the assessment is given to the Commonwealth agency; or

  (ii)   if a certificate under subsection   (4) that was in force in relation to the assessment is subsequently revoked--the day the certificate is revoked; and

  (b)   inform the person of the making of the assessment; and

  (c)   include the statement of the grounds for the assessment that was given to the Commonwealth agency (other than information in relation to which the CEO has made a certificate under subsection   36C(5)); and

  (d)   contain information concerning the person's right to apply to the Tribunal for a review of the assessment.

  (3)   A written notice may be given to the person by delivering it to the person personally, or by sending it to the person by registered post at the person's address last known to the Commonwealth agency.

  (4)   The Minister may certify, in writing, that the Minister is satisfied that the withholding of notice to a person of the making of an adverse criminal intelligence assessment in respect of the person is essential to either or both of the following:

  (a)   the protection of law enforcement interests;

  (b)   the security of the nation.

  (5)   If the Minister makes a certificate under subsection   (4) in relation to an adverse criminal intelligence assessment, the Minister must:

  (a)   give a copy of the certificate to the Commonwealth agency to which the assessment was given under subsection   36C(1); and

  (b)   before the end of the following periods, consider whether to revoke the certificate:

  (i)   the period of 12 months beginning on the day on which the certificate was made;

  (ii)   each subsequent 12 month period.

  (6)   A certificate made under subsection   (4) is not a legislative instrument.