Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:2_50a:p2
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 2 cl 50A (pt 2/2)
Character Range: 24476–26644

not appropriately qualified to give evidence on the matters in relation to which the Inspector‑General has been requested to give evidence.
 (6) For the purposes of enabling the Inspector‑General to comply with a request under subsection (2) or (3):
 (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and
 (b) the Inspector‑General may require the production of the record that is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b); and
 (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and
 (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and
 (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:
 (i) return the original of any record to the Tribunal or to the entity that produced the record; and
 (ii) destroy any copies of or extracts taken from any record.
 (7) The Inspector‑General must permit a person who would be entitled to inspect a record mentioned in paragraphs (6)(a) to (d) if it were not in the possession of the Inspector‑General to inspect the record at all reasonable times as the person would be so entitled.
 (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.
 (9) The Tribunal must allow the Inspector‑General a period within which to consider the records mentioned in paragraphs (6)(a) to (d) that is reasonable having regard to:
 (a) the nature of the evidence that the Inspector‑General has been requested to give; and
 (b) the time required by the Inspector‑General to perform the Inspector‑General's other functions.
 (10) The fact that a person is obliged to produce a document under subsection (6) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document.