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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 126

Review of decisions by Administrative Appeals Tribunal

  (1)   Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Secretary:

  (a)   to refuse to approve a transport security program under subsection   19(2) or (4); or

  (b)   to direct a participant to vary a program under section   21; or

  (c)   to direct a participant to revise a program under section   23; or

  (ca)   to refuse to approve alterations of a program under section   23A; or

  (d)   to cancel a transport security program under section   25 or 26; or

  (da)   to give a participant a transport security program under section   26B (including a revised transport security program as referred to in section   26F); or

  (db)   to cancel a transport security program under section   26F or 26G; or

  (dc)   to refuse to cancel a transport security program under section   26H; or

  (e)   to declare that a particular airport, or a part of a particular airport, is a security controlled airport under subsection   28(2); or

  (ea)   to assign a category to a particular security controlled airport under subsection   28(6); or

  (f)   to determine under subsection   74G(1) that a person has an adverse aviation security status.

  (2)   To avoid doubt, paragraph   (1)(f) does not permit the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the Australian Security Intelligence Organisation Act 1979 and the Administrative Appeals Tribunal Act 1975 .

  (3)   In subsection   (2):

"adverse security assessment" and qualified security assessment have the same meanings as in the Australian Security Intelligence Organisation Act 1979.

Note:   Section   27A of the Administrative Appeals Tribunal Act 1975 requires the decision - maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision - maker must have regard to the Code of Practice determined under section   27B of that Act.

 


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