Document ID: chunk:federal_register_of_legislation:C2008A00143:clause:3_12
Version: federal_register_of_legislation:C2008A00143
Segment Type: clause
Provision Reference: sch 3 cl 12
Character Range: 36648–38836

12  After subsection 16(2A)
Insert:

 (2AA) Subsection (2) does not prevent:
 (a) the SSAT from communicating the reasons for a decision of the SSAT under Part VIIA to the Secretary or a person authorised by the Secretary; or
 (b) the Secretary from communicating the reasons for a decision of the SSAT under Part VIIA to a person authorised by the Secretary.

 (2AB) Subsection (2) does not prevent the Secretary, or a person authorised by the Secretary, from publishing in written or electronic form the reasons for a decision of the SSAT under Part VIIA if the publication does not identify:
 (a) a party to the proceedings concerned (other than the Registrar); or
 (b) a person (other than the Registrar) who is related to, or associated with, a party to the proceedings concerned or is, or is alleged to be, in any other way concerned in the matter to which the proceedings concerned relate; or
 (c) a witness in the proceedings concerned.

 (2AC) Without limiting subsection (2AB), a publication of reasons for a decision of the SSAT under Part VIIA is taken to identify a person if it contains any particulars of:
 (a) the name, title, pseudonym or alias of the person; or
 (b) the address of any premises at which the person resides or works, or the locality in which any such premises are situated; or
 (c) the physical description or the style of dress of the person; or
 (d) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person; or
 (e) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person; or
 (f) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
 (g) any real or personal property in which the person has an interest or with which the person is otherwise associated;
and the particulars are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the publication is disseminated, as the case requires.