Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:1_130h:p2
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 1 cl 130H (pt 2/2)
Character Range: 163561–165518

consider in deciding whether to authorise disclosure of information etc.
 (6) In considering whether information or the contents of a document should be disclosed as mentioned in subsection (5):
 (a) the presiding member must take as the basis of the presiding member's consideration the principle that it is desirable, in the interest of ensuring that the Tribunal performs its functions effectively, that the parties should be made aware of all relevant matters; but
 (b) the presiding member must pay due regard to any reason stated by the Treasurer in the certificate as a reason why the disclosure of the information or of the contents of the document, as the case may be, would be contrary to the public interest.

Disclosure of information etc. to staff of Tribunal
 (7) This section does not prevent the disclosure of information or of the contents of a document to a member of the Tribunal's staff in the course of the performance of the person's duties as a member of the Tribunal's staff.

Public interest
 (8) This section excludes the operation, apart from this section, of any rules of law relating to the public interest that would otherwise apply in relation to the disclosure of information or of the contents of documents in a proceeding.

Copy of document
 (9) If the Treasurer has given a certificate under subsection (2) in respect of a document, this section applies in relation to a document that is a copy of the first‑mentioned document as if the copy were the original document.

Duty of Tribunal
 (10) It is the duty of the Tribunal, even though there may be no relevant certificate under this section, to ensure, so far as it is able to do so, that, in or in connection with a proceeding, information is not communicated or made available to a person contrary to the requirements of security.

Public interest certificate not a legislative instrument
 (11) A certificate made under subsection (2) is not a legislative instrument.