Document ID: chunk:federal_register_of_legislation:C2004A02585:body:0:p18
Version: federal_register_of_legislation:C2004A02585
Segment Type: other
Provision Reference: 
Character Range: 45134–47797

in relation to a proceeding, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal.";
    (j) by omitting from sub-sections (4a), (5) and (6) "the contents of" (wherever occurring) and substituting "matter contained in"; and
    (k) by adding at the end thereof the following sub-sections:
    "(7) The power of the Tribunal under sub-section (3) to decide whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia.
    "(8) A decision by the Tribunal under sub-section (3) as to whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding is a decision by the Tribunal in that proceeding for the purposes of section 44.".

Certain questions not required to be answered
30. Section 36a of the Principal Act is amended—
    (a) by omitting paragraph (2) (b) and substituting the following paragraph:
         "(b) in any other case—the Tribunal decides that the answering of the question would not be contrary to the public interest.";
    (b) by inserting after sub-section (2) the following sub-sections:
    "(2a) Where the Attorney-General informs the Tribunal that, in his opinion, the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest, being a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding.
    "(2b) The Tribunal shall, as soon as practicable after making a decision under paragraph (2) (b) whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal."; and
    (c) by adding at the end thereof the following sub-sections:
    "(5) The power of the Tribunal under paragraph (2) (b) to decide whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia.
    "(6) A decision by the Tribunal under paragraph (2) (b) that the answering by a person of a question at the hearing of a proceeding would, or would not, be contrary to the public interest is a decision by the Tribunal in that proceeding for the