Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:1_26
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 12273–13651

26  Subsection 63(1)
Repeal the subsection, substitute:
 (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 35(2) of the Administrative Appeals Tribunal Act 1975, the Tribunal must:
 (a) have regard to:
 (i) the necessity of avoiding the disclosure to the applicant of exempt matter contained in a document to which the proceedings relate; and
 (ii) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 25(1); and
 (b) where the proceedings relate to a document that is claimed to be an exempt document under section 33—give particular weight to a submission made by an agency or a Minister that it is desirable to make the order or orders under subsection 35(2) of the Administrative Appeals Tribunal Act 1975 because disclosure of the document:
 (i) would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth; or
 (ii) would divulge information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organisation to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.