Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36l:p2
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36L (pt 2/2)
Character Range: 33915–36287

information, or of the contents of the document, to the applicant.

What presiding member must consider
 (7) In considering whether information or the contents of a document should be disclosed as mentioned in subsection (6):
 (a) the presiding member must take as the basis of the presiding member's consideration the principle that it is desirable, in the interest of ensuring that the Tribunal performs its functions effectively, that the parties should be made aware of all relevant matters; but
 (b) the presiding member must pay due regard to any reason stated by the Minister in the certificate as a reason why the disclosure of the information or of the contents of the document, as the case may be, would be contrary to the public interest.

Disclosure of information etc. to staff of Tribunal
 (8) This section does not prevent the disclosure of information or of the contents of a document to a member of the Tribunal's staff in the course of the performance of that person's duties as a member of the Tribunal's staff.

Public interest
 (9) This section excludes the operation, apart from this section, of any rules of law relating to the public interest that would otherwise apply in relation to the disclosure of information or of the contents of documents in a proceeding.

Copy of document
 (10) If the Minister has made a certificate under subsection (2) in respect of a document, this section applies in relation to a document that is a copy of the first‑mentioned document as if the copy were the original document.

Certificate lodged under subsection 36H(2)
 (11) For the purposes of this section, if the CEO, in accordance with subsection 36H(2), has lodged with the Tribunal a certificate of the CEO made under subsection 36C(5) in relation to information, the Minister is taken to have certified, in accordance with subsection (2) of this section, that the disclosure of the information would be contrary to the public interest because of a reason referred to in paragraph (2)(a) or (b) of this section.

Duty of Tribunal
 (12) It is the duty of the Tribunal, even though there may be no relevant certificate under this section, to ensure, so far as it is able to do so, that, in or in connection with a proceeding, information is not communicated or made available to a person contrary to law enforcement interests or the requirements of security.