Document ID: chunk:federal_register_of_legislation:C2024C00612:section:19a:p2
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 19A (pt 2/4)
Character Range: 77292–80014

secrecy provision.
Note: If the information is protected information (within the meaning of section 355‑30 in Schedule 1 to the Taxation Administration Act 1953), the officer or person may decline to disclose that information unless an exception in Division 355 in that Schedule covers the disclosure.
 (6) Where:
 (a) a relevant request in relation to the Administrative Review Tribunal has been served on a person who is, or has been, a member or officer of the Tribunal; and
 (b) if subsections (3) and (4) of this section had not been enacted, section 81 of the Australian Security Intelligence Organisation Act 1979 would prohibit the person from furnishing or sending to the examiner, in compliance with the request, particular information, or a particular document or thing, that originated with, or was directly or indirectly received by that tribunal or by such a member, officer or employee from, the Australian Security Intelligence Organisation;
subsection (3) or (4), as the case requires, of this section does not entitle or require the person so to furnish the information or send the document or thing.
 (7A) An action, suit or proceeding does not lie against:
 (a) a prescribed officer of an agency; or
 (b) a person who is, or has been, a member, officer or employee of an agency;
in relation to any action taken by such an officer or person in compliance, in accordance with this section, with a request under this section.
 (8) In this section:
agency means a Commonwealth agency or a State agency.
Commonwealth agency means an agency within the meaning of the Freedom of Information Act 1982 and includes an exempt agency.
exempt agency means a body specified, or the person holding an office specified, in Part I of Schedule 2 to the Freedom of Information Act 1982 (other than such a body that is specified in Schedule 2 to this Act) and includes the Inter‑State Commission.
officer, in relation to an agency, includes the principal officer, and a prescribed officer, of the agency.
officer of the Tribunal means:
 (a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or
 (b) a staff member within the meaning of that Act.
prescribed agency means an agency prescribed for the purposes of this definition and includes the Fair Work Commission, the Australian Human Rights Commission and the Inter‑State Commission.
prescribed officer, in relation to an agency, means:
 (a) except in a case where paragraph (b), (c), (d) or (e) applies—the principal officer of the agency;
 (b) in the case of a court—the holder of a judicial office pertaining to the court, being an office established by the legislation establishing the court;
 (c) in the case of a tribunal