Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:1_130h:p1
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 1 cl 130H (pt 1/2)
Character Range: 161099–163811

130H  Certain documents and information not to be disclosed in review of reviewable decision

Scope
 (1) This section applies to a proceeding in which the Tribunal reviews a reviewable decision.

Treasurer may issue public interest certificate
 (2) If the Treasurer certifies, by signed writing, that the disclosure of information with respect to a matter stated in the certificate, or the disclosure of the contents of a document, would be contrary to the public interest:
 (a) because it would prejudice Australia's national security; or
 (b) because it would involve the disclosure of deliberations or decisions of the Cabinet or a Committee of the Cabinet or of the Executive Council; or
 (c) for any other reason stated in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information or the contents of the document should not be disclosed;
the following provisions of this section have effect.
Note: See also subsection (11).

Protection of information etc.
 (3) A person who is required by or under this Act or the AAT Act to disclose the information or to produce the document to the Tribunal for the purposes of a proceeding is not excused from the requirement, but the Tribunal must, subject to subsections (4), (5) and (7) and section 46 of the AAT Act, do all things necessary to ensure:
 (a) that the information or the contents of the document are not disclosed to anyone other than a member of the Tribunal as constituted for the purposes of the proceeding; and
 (b) in respect of a document produced to the Tribunal—that the document is returned to the person by whom it was produced.
 (4) Subsection (3) does not apply in relation to disclosure to the Treasurer or the Treasurer's representative if the reason stated in the certificate is the reason referred to in paragraph (2)(a).

Disclosure of information etc.
 (5) If:
 (a) the Treasurer has certified in accordance with subsection (2) that the disclosure of information or of the contents of a document would be contrary to the public interest but the certificate does not state a reason referred to in paragraph (2)(a) or (b); and
 (b) the presiding member presiding is satisfied that the interests of justice outweigh the reason stated by the Treasurer;
the presiding member may authorise the disclosure of the information, or of the contents of the document to, the applicant.

What presiding member must consider in deciding whether to authorise disclosure of information etc.
 (6) In considering whether information or the contents of a document should be disclosed as mentioned in subsection (5):
 (a) the presiding member must take as the basis of the