Document ID: chunk:federal_register_of_legislation:C2025C00174:section:64:p2
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 64 (pt 2/3)
Character Range: 257654–260241

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.
Note: The Tribunal is not entitled, under this section, to require production of documents that are exempt under section 33, 34 or 45A, but is entitled to do so under section 58E if the Tribunal is not satisfied by evidence on affidavit or otherwise that the document is an exempt document.
 (4A) In making an order for the purposes of subsection (1) or (2), the Tribunal may require the relevant document to be produced at any time later than 28 days after the decision‑maker was given notice of the application, even if that time is before the Tribunal has begun to hear argument or otherwise deal with the matter.
 (5) Subsections (1), (1A) and (2) apply in relation to a document in the possession of a Minister that is claimed by the Minister not to be an official document of the Minister as if references in those subsections to an exempt document were references to a document in the possession of a Minister that is not an official document of the Minister.
 (6) Subsection (1), (1A) or (2) does not operate so as to prevent the Tribunal from causing a document produced in accordance with that subsection to be sent to the Federal Court of Australia in accordance with section 187 of the Administrative Review Tribunal Act 2024, but, where such a document is so sent to the Court, the Court shall do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance with this Act) to any person other than a member of the Court as constituted for the purpose of the proceeding before the Court or a member of the staff of the Court in the course of the performance of his or her duties as a member of that staff.
 (7) Subsection (6) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in paragraph 187(2)(a) of the Administrative Review Tribunal Act 2024.
 (8) If a document produced in accordance with subsection (1), (1A) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in paragraph 187(2)(a) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) must do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance