Document ID: chunk:federal_register_of_legislation:C2025C00141:section:91:p2
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 91 (pt 2/2)
Character Range: 124699–126291

the person who gave it to the Tribunal, as soon as practicable after the Tribunal has finished considering the document.
 (5) A certificate under subsection (1) or (2) is not a legislative instrument.

Tribunal may allow disclosure in limited cases
 (6) The Tribunal may decide to make the information or document available to any or all of the parties to the proceeding if either of the following applies:
 (a) the certificate was given by the Attorney‑General of the Commonwealth other than for the reason set out in paragraph (1)(a) or (b);
 (b) the certificate was given by the Attorney‑General of a State or Territory other than for the reason set out in paragraph (2)(a).
 (7) In deciding whether to make the information or document available, the Tribunal must:
 (a) take into account as a primary consideration the principle that it is desirable, in the interest of ensuring the effective performance of the Tribunal's functions, for the parties to the proceeding to be made aware of all relevant matters; and
 (b) have regard to any reason specified in the certificate.
 (8) For the purposes of making a decision under subsection (6), the Tribunal must be constituted:
 (a) as if the making of the decision were a separate proceeding; and
 (b) by a member who is, or by members at least one of whom is, a Judge or a Deputy President.

Exclusion of other laws
 (9) This section excludes the operation of any law that relates to the public interest and would otherwise apply in relation to the disclosure of information, or of the content of documents, in a proceeding in the Tribunal.