Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:1_58e
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 1 cl 58E
Character Range: 3470–4835

58E  Production to the Tribunal of certain exempt documents
 (1) In any proceedings before the Tribunal under this Act in relation to a document that is claimed to be an exempt document under section 33 or 34, the Tribunal is entitled to require the production of the document in accordance with this section and not in accordance with section 64, section 37 of the Administrative Appeals Tribunal Act 1975 or otherwise.
 (2) If the Tribunal is not satisfied by evidence on affidavit or otherwise that the document is an exempt document under section 33 or 34, the Tribunal may require the document to be produced for inspection by the Tribunal as constituted for the purposes of the proceeding.
 (3) If, after an inspection of a document under this section, the Tribunal is satisfied that the document is an exempt document, the Tribunal must return the document to the person by whom it was produced without permitting a person to have access to the document or disclosing the contents of the document to a person, unless the person is:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff; or
 (c) in the circumstances permitted under paragraph 60A(6)(a)—the Inspector‑General of Intelligence and Security.