Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36l:p1
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36L (pt 1/2)
Character Range: 31476–34171

36L  Certain documents and information not to be disclosed in review

Scope
 (1) This section applies to a proceeding to which section 36K applies.

Minister may make public interest certificate
 (2) If the Minister certifies, in writing, that the disclosure of information with respect to a matter stated in the certificate, or the disclosure of the contents of a document, would be contrary to the public interest:
 (a) because it would prejudice security or the defence or international relations of Australia; or
 (b) because it would prejudice law enforcement interests; or
 (c) because it would involve the disclosure of deliberations or decisions of the Cabinet or a Committee of the Cabinet or of the Executive Council; or
 (d) for any other reason stated in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information or the contents of the document should not be disclosed;
the following provisions of this section have effect.
 (3) A certificate made under subsection (2) is not a legislative instrument.

Protection of information etc.
 (4) A person who is required by or under this Act to disclose the information or to produce the document to the Tribunal for the purposes of a proceeding is not excused from the requirement, but the Tribunal must, subject to subsections (5), (6) and (8) of this section and section 46 of the AAT Act, do all things necessary to ensure:
 (a) that the information or the contents of the document are not disclosed to anyone other than a member of the Tribunal as constituted for the purposes of the proceeding; and
 (b) in respect of a document produced to the Tribunal—that the document is returned to the person who produced it.
 (5) Subsection (4) does not apply in relation to disclosure to the CEO or the CEO's representative if the reason stated in the certificate is the reason referred to in paragraph (2)(a) or (b).

Disclosure of information etc.
 (6) If:
 (a) the Minister has certified in accordance with subsection (2) that the disclosure of information, or of the contents of a document, would be contrary to the public interest, but the certificate does not state a reason referred to in any of paragraphs (2)(a) to (c); and
 (b) the presiding member is satisfied that the interests of justice outweigh the reason stated by the Minister;
the presiding member may authorise the disclosure of the information, or of the contents of the document, to the applicant.

What presiding member must consider
 (7) In considering whether information or the contents of a document should be disclosed as mentioned in subsection (6):
 (a) the presiding member must