Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p13
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 13/18)
Character Range: 95437–98487

public as required by that section.
"(2) Notwithstanding sub-section (1), the Chairperson of a Tribunal shall not give to a relevant person a copy of a document, or of a part of a document, if—
     (a) the document, or that part of the document, contains information of the kind referred to in the definition of 'officer' in sub-section 16 (1) of the Income Tax Assessment Act 1936, being information that was disclosed or obtained as mentioned in that sub-section;
     (b) the document, or that part of the document, contains information relating to the income of any person other than the relevant person; or
     (c) the Chairperson is satisfied, by reason of the confidential nature of a matter contained in the document or that part of the document, or for any other reason, that it is not desirable to give such a copy to the relevant person.".
SCHEDULE—continued

Before section 25a—
Insert the following heading:

"Division 4—Proceedings before the Tribunal".

Sub-section 25a (1)—
     (a) Omit "of an authorized person,", substitute "under this Act".
     (b) Omit "Chairman", substitute "Chairperson".

Paragraph 25a (2) (a)—
     (a) Omit "Chairman", substitute "Chairperson".
     (b) Omit "of an authorized person", substitute "under this Act".

Paragraph 25a (2) (b)—
Omit "Chairman" (wherever occurring), substitute "Chairperson".

Paragraph 25a (2) (c)—
     (a) Omit "Chairman" (wherever occurring), substitute "Chairperson".
     (b) Omit "he", substitute "the person".

Sub-section 25a (2)—
Omit "Chairman" (last occurring), substitute "Chairperson".

Sub-section 25b (1)—
     (a) Omit "of an authorized person", substitute "under this Act".
     (b) Omit "he" (first occurring), substitute "the member".
     (c) Omit "his", substitute "the member's".

Paragraph 25b (1) (a)—
Omit "he", substitute "the member".

Paragraph 25b (1) (b)—
Omit "he", substitute "the member".

Sub-section 25b (2)—
     (a) Omit "Chairman" (first occurring), substitute "Chairperson".
     (b) Omit "of an authorized person", substitute "under this Act".

Paragraph 25b (2) (a)—
     (a) Omit "Chairman", substitute "Chairperson".
     (b) Omit "he", substitute "the Chairperson".

Paragraph 25b (2) (b)—
Omit "he", substitute "the Chairperson".

After section 25b—
Insert the following section:

Review of procedural decision
"25c. (1) Subject to sub-section 27 (5), a Tribunal that reviews a procedural decision shall, after due consideration of the matter, either affirm the decision or refuse to affirm the decision.
SCHEDULE—continued
"(2) Where a Tribunal affirms a procedural decision in relation to a primary decision, the Tribunal—
     (a) shall set out its decision in a statement in writing that also sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives reasons for its decision;
     (b) shall give a copy of the statement to each party to the proceedings; and
     (c) shall not review the primary decision.
"(3) Where a Tribunal refuses to affirm