Document ID: chunk:federal_register_of_legislation:C2025C00174:section:64:p1
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 64 (pt 1/3)
Character Range: 255316–257895

64  Production of exempt documents
 (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do not apply in relation to a document that is claimed to be an exempt document, but in proceedings before the Tribunal in relation to such a document, the Tribunal may, for the purpose of deciding whether the document is an exempt document, require the document to be produced for inspection by members of the Tribunal only.
 (1AA) If, upon the inspection, the Tribunal is satisfied that the document is an exempt document, the Tribunal must return the document to the person by whom it was produced without permitting a person to have access to the document, or disclosing the contents of the document to a person, unless the person is:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff; or
 (c) in the circumstances permitted under paragraph 60A(6)(a)—the Inspector‑General of Intelligence and Security.
 (1A) If, for the purposes of proceedings before the Tribunal under this Act in relation to a document that is claimed to be an exempt document, the document is voluntarily produced to the Tribunal, then only:
 (a) the members of the Tribunal as constituted for the purposes of the review; or
 (b) a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff;
may inspect, or have access to, the document.
 (2) The Tribunal may require the production, for inspection by members of the Tribunal only, of an exempt document for the purpose of determining whether it is practicable for an agency or a Minister to grant access to a copy of the document with such deletions as to make the copy not an exempt document and, where an exempt document is produced by reason of such a requirement, the Tribunal shall, after inspection of the document by the members of the Tribunal as constituted for the purposes of the proceeding, return the document to the person by whom it was produced without permitting a person to have access to the document, or disclosing the contents of the document to a person, unless the person is:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff; or
 (c) in the circumstances permitted under paragraph 60A(6)(a)—the Inspector‑General of Intelligence and Security.
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