Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p74
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 186223–188989

whom this section applies must not be required to produce any document, or to divulge or communicate any information, to which this section applies to or in:

   (a)     a court; or

   (b)     a tribunal; or

     (c) a House of the Parliament of the Commonwealth, of a State or of a Territory; or

    (d)     a committee of a House, or the Houses, of the Parliament of the Commonwealth, of a State or of a Territory: or

    (e)     any other authority or person having power to require the production of documents or the answering of questions;

except where it is necessary to do so for the purposes of carrying into effect the provisions of this Act.

"(6) Nothing in this section affects a right that a person has under the Freedom of Information Act 1982.

"(7) For the purposes of this section, a person who is providing interpreting services in connection with a review by the Tribunal is taken to be performing a function under this Act.

  "(8) In this section:

'produce' includes permit access to.

Refugee Review Tribunal may restrict publication or disclosure of certain matters

"166GE.(1) If the Tribunal is satisfied, in relation to a review, that it is in the public interest that:

  (a)     any evidence given before the Tribunal; or

  (b)     any information given to the Tribunal; or

  (c)     the contents of any document produced to the Tribunal;

should not be published or otherwise disclosed, or should not be published or otherwise disclosed except in a particular manner and to particular persons, the Tribunal may give a written direction accordingly.

"(2) If the Tribunal has given a direction under subsection (1) in relation to the publication of any evidence or information or of the contents of a document, the direction does not:

  (a)     excuse the Tribunal from its obligations under section 166E; or

    (b)     prevent a person from communicating to another person a matter contained in the evidence, information or document, if the first-mentioned person has knowledge of the matter otherwise than because of the evidence or the information having been given or the document having been produced to the Tribunal.

"(3) A person must not contravene a direction given by the Tribunal under subsection (1) that is applicable to the person.

Penalty: Imprisonment for 2 years.

Sittings of the Refugee Review Tribunal

"166GF.(1) Sittings of the Tribunal are to be held from time to time as required, in such places in Australia as are convenient.

"(2) The Tribunal constituted by a member may sit and exercise the powers of the Tribunal even though the Tribunal constituted by another member is at the same time sitting and exercising those powers.

"Division 8—Referral of decisions to Administrative Appeals Tribunal