Document ID: chunk:federal_register_of_legislation:C2004A02585:body:0:p20
Version: federal_register_of_legislation:C2004A02585
Segment Type: other
Provision Reference: 
Character Range: 49923–52665

a reference to that senior member.
"(8) The President may at any time vary or revoke an authorization under sub-section (7).".

Review by Tribunal
33. Section 43 of the Principal Act is amended—
    (a) by omitting sub-section (2) and substituting the following sub-sections:
    "(2) Subject to this section and to sections 35, 36 and 36a, the Tribunal shall give reasons either orally or in writing for its decision.
    "(2a) Where the Tribunal does not give reasons in writing for its decision, a party to the proceeding may, within 28 days after the day on which a copy of the decision of the Tribunal is served on that party, request the Tribunal to furnish to that party a statement in writing of the reasons of the Tribunal for its decision, and the Tribunal shall, within 28 days after receiving the request, furnish to that party such a statement.
    "(2b) Where the Tribunal gives in writing the reasons for its decision, those reasons shall include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based."; and
    (b) by omitting from sub-section (5) "the reasons given" and substituting "reasons given in writing".

Return of documents, &c., at completion of proceeding
34. Section 43a of the Principal Act is amended by inserting in sub-section (1) "or any other object" after "document".

Sending of documents to, and disclosure of documents by, the Federal Court of Australia
35. Section 46 of the Principal Act is amended—
    (a) by omitting from sub-section (2) "the contents of (first occurring) and substituting "matter contained in";
    (b) by omitting from sub-section (2) "contents of the document are" and substituting "matter is";
    (c) by omitting sub-section (3) and substituting the following sub-section:
    "(3) If—
         (a) the certificate referred to in sub-section (2) relating to matter contained in the document does not specify a reason referred to in paragraph 28 (2) (a) or (b) or 36 (1) (a) or (b), as the case may be;
         (b) a question for decision by the Federal Court of Australia is whether the matter should be disclosed to some or all of the parties to the proceeding before the Tribunal in respect of which the appeal was instituted or the reference was made; and
         (c) the Court decides that the matter should be so disclosed,
    the court shall permit the part of the document in which the matter is contained to be inspected accordingly."; and
    (d) by omitting from sub-section (4) "the contents of" and substituting "matter contained in".
36. After section 62 of the Principal Act the following section is inserted:

False or misleading evidence
"62a. A person appearing as a witness before