Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:1_130g:p2
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 1 cl 130G (pt 2/3)
Character Range: 158282–161026

applicant must not be present when the evidence is adduced or the submissions are made unless the Treasurer consents.
 (10) If a person representing the applicant is present when evidence to which a certificate given under subsection (8) relates is adduced or submissions to which such a certificate relates are made, the representative must not disclose any such evidence or submission to the applicant or to any other person.
Penalty: Imprisonment for 2 years.

Protection of identity of person giving evidence
 (11) If the head of an agency in the national intelligence community so requests, the Tribunal must do all things necessary to ensure that the identity of a person giving evidence on behalf of the agency is not revealed.

Evidence and submissions
 (12) The Tribunal must first hear evidence adduced, and submissions made, by or on behalf of the Treasurer and any evidence or submissions that the agency in the national intelligence community that provided advice to the Treasurer may wish to adduce or make.
 (13) The Tribunal must next permit the applicant, if the applicant so wishes, to adduce evidence before, and make submissions to, the Tribunal.
 (14) The Tribunal may, on its own initiative and at any stage of the proceedings, invite a person to give evidence, or cause a person to be summoned to give evidence.
 (15) If a person invited or summoned to give evidence under subsection (14) is a member of staff in an agency in the national intelligence community, subsection (8) applies as if any evidence to be given by the person were evidence proposed to be adduced by or on behalf of the agency in the national intelligence community that provided advice to the Treasurer.
 (16) If:
 (a) a party presents the party's case to the Tribunal; and
 (b) after that case has been presented, the other party adduces evidence; and
 (c) the Tribunal thinks that, because of evidence adduced by the other party, the first‑mentioned party should be further heard;
the Tribunal must give the first‑mentioned party an opportunity of adducing further evidence but must not give to the applicant any particulars of any evidence to which a certificate given under subsection (8) relates.
 (17) A member of the Tribunal may ask questions of a witness before the Tribunal and the presiding member may require a witness to answer any such question.

Dismissal of application
 (18) If the applicant fails within a reasonable time:
 (a) to proceed with the application; or
 (b) to comply with a direction by the Tribunal in relation to the application;
the President or an authorised member may dismiss the application without proceeding to review the reviewable decision.

National security certificate not a legislative instrument
 (19) A