Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:2_6
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 20467–21551

6  Subsection 46(1)
Repeal the subsection, substitute:
 (1) If an application is made to the Tribunal for review of a decision refusing to grant access to a record in accordance with an application under section 40, being a record that is:
 (a) claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b); and
 (b) not a record of the Australian Security Intelligence Organisation;
then the Tribunal must be constituted in accordance with subsection (2) for the purposes of any proceeding in relation to the application.
Note: Section 21AB of the Administrative Appeals Tribunal Act 1975 contains the requirements for constitution of the Tribunal in proceedings about a record of the Australian Security Intelligence Organisation that is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b).
Note: The heading to section 46 is replaced by the heading "Constitution of Tribunal for proceedings about certain exempt records".