Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p72
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 181112–183933

months.

Contempt of Tribunal

  "166FB. A person must not:

     (a) obstruct or hinder the Tribunal or a member in the performance of the functions of the Tribunal; or

  (b) disrupt the taking of evidence by the Tribunal.

Penalty: Imprisonment for 12 months.

"Division 7—Miscellaneous

Protection of members and persons giving evidence

"166G.(1) A member has, in the performance of his or her duties as a member, the same protection and immunity as a member of the Administrative Appeals Tribunal.

"(2) Subject to this Part, a person summoned to attend, or appearing, before the Tribunal to give evidence has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the Administrative Appeals Tribunal.

Fees for persons giving evidence

"166GA.(1) A person, other than the applicant, summoned to appear before the Tribunal to give evidence is entitled to be paid, in respect of his or her attendance, fees, and allowances for expenses, fixed by or in accordance with the regulations.

  "(2) The fees and allowances must be paid:

    (a)     if the applicant notifies the Tribunal under subsection 166DC(2) that he or she wants the Tribunal to obtain evidence from the person—by the applicant; or

  (b)     in any other case—by the Commonwealth.

Restrictions on disclosure of certain information etc.

"166GB. In spite of anything else in this Act, the Secretary must not give to the Tribunal a document, or information, if the Minister certifies, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest:

    (a)     because it would prejudice the security, defence or international relations of Australia; or

    (b)     because it would involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

Refugee Review Tribunal's discretion in relation to disclosure of certain information etc.

  "166GC.(1) This section applies to a document or information if:

    (a)     the Minister has certified, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph 166GB(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or

    (b)     the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence.

"(2) If, in compliance with a requirement of or under this Act, the