Secure Air Travel Act

Marginal note:Decisions under this Act

• 16 (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.

• Marginal note:Application

  (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.

• Marginal note:Extension

  (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.

• Marginal note:Determination

  (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.

• Marginal note:Removal from list

  (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.

• Marginal note:Procedure

  (6) The following provisions apply to appeals under this section:

  • (a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;

  • (b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;

  • (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;

  • (d) the judge must provide the appellant and the Minister with an opportunity to be heard;

  • (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;

  • (f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;

  • (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and

  • (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.

• Definition of judge

  (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.