Document ID: chunk:federal_register_of_legislation:C2025C00141:section:161:p2
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 161 (pt 2/2)
Character Range: 221848–223882

the information or document available to any or all of the parties to the proceeding if the certificate does not specify the reason set out in paragraph (2)(a), (b) or (c).
 (7) In deciding whether to make the information or document available, the Tribunal must:
 (a) take into account as a primary consideration the principle that it is desirable, in the interest of ensuring the effective performance of the Tribunal's functions, for the parties to the proceeding to be made aware of all relevant matters; and
 (b) have regard to any reason specified in the certificate.

Responsible Minister is party to proceeding
 (8) The responsible Minister is a party to the proceeding if:
 (a) the certificate does not specify a reason set out in paragraph (2)(a), (b) or (c); and
 (b) the responsible Minister would not otherwise be a party to the proceeding.

Notice of public interest decisions
 (9) If the Tribunal decides to make the information or document available under subsection (6), the Tribunal must, as soon as practicable, give each party to the proceeding reasons for the decision.

Exclusion of other laws
 (10) This section excludes the operation of any other law that relates to the public interest and would otherwise apply in relation to the disclosure of information, or of the content of documents, in a proceeding in the Tribunal.

Delegation—security clearance decisions and security clearance suitability assessments
 (11) The ASIO Minister may, in writing, delegate the ASIO Minister's power under subsection (2) in relation to a security clearance decision or a security clearance suitability assessment to:
 (a) the Director‑General of Security; or
 (b) an ASIO employee (within the meaning of the ASIO Act), or an ASIO affiliate (within the meaning of that Act), who holds, or is acting in, a position in ASIO that is equivalent to or higher than a position occupied by an SES employee.
 (12) In exercising a power under the delegation, the delegate must comply with any written directions of the ASIO Minister.