Document ID: chunk:federal_register_of_legislation:C2021A00044:clause:2_36k:p2
Version: federal_register_of_legislation:C2021A00044
Segment Type: clause
Provision Reference: sch 2 cl 36K (pt 2/3)
Character Range: 28427–31070

security.
 (9) If such a certificate is made:
 (a) the applicant must not be present when the evidence is adduced or the submission is made; and
 (b) a person representing the applicant must not be present when the evidence is adduced or the submission is made, unless the Minister consents.
 (10) A person representing the applicant commits an offence if:
 (a) a certificate is made under subsection (8) in relation to evidence or a submission; and
 (b) the person is present when the evidence is adduced or the submission is made; and
 (c) the person discloses the evidence or submission, or information contained in the evidence or submission, to the applicant or to any other person.
Penalty: Imprisonment for 2 years.
 (11) A certificate made under subsection (8) is not a legislative instrument.

Protection of identity of person giving evidence
 (12) If the CEO requests the Tribunal to do so, the Tribunal must do all things necessary to ensure that the identity of a person giving evidence on behalf of the CEO is not revealed.

Evidence and submissions
 (13) The Tribunal must first hear evidence adduced, and submissions made, by or on behalf of the CEO and any evidence or submissions that the Commonwealth agency to which the assessment was given under subsection 36C(1) may wish to adduce or make.
 (14) The Tribunal must next permit the applicant, if the applicant so desires, to adduce evidence before, and make submissions to, the Tribunal.
 (15) 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.
 (16) If a person invited or summoned to give evidence under subsection (15) is:
 (a) a member of the staff of the ACC; or
 (b) a member of the Board; or
 (c) an examiner; or
 (d) an officer or employee of the Commonwealth agency to which the assessment was given under subsection 36C(1);
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 CEO or that Commonwealth agency.
 (17) If:
 (a) a party presents that 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 made under subsection (8) relates.
 (18) A member of the Tribunal may ask questions of a witness before