Document ID: chunk:federal_register_of_legislation:C2024C00855:section:52
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 52
Character Range: 104761–106002

52  Tribunal to ensure non‑disclosure of certain matters
 (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:
 (a) the necessity of avoiding the disclosure to the applicant of matter contained in a record to which the proceedings relate, being matter by reason of which the record is an exempt record; and
 (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).
 (2) Notwithstanding anything contained in the Administrative Review Tribunal Act 2024:
 (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and
 (b) the Tribunal may receive evidence, or hear argument, in the absence of the applicant or his or her representative where it is necessary to do so in order to prevent the disclosure to the applicant of matter or information of a kind referred to in paragraph (1)(a) or (b).