Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:1_28
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 13738–14825

28  Subsection 64(1)
Repeal the subsection, substitute:
 (1) Section 37 of the Administrative Appeals Tribunal Act 1975 does 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.