Document ID: chunk:federal_register_of_legislation:C2004A02585:body:0:p14
Version: federal_register_of_legislation:C2004A02585
Segment Type: other
Provision Reference: 
Character Range: 34852–37676

the statement.";
    (b) by omitting sub-sections (2) and (3) and substituting the following sub-sections:
    "(2) If the Attorney-General certifies, by writing signed by him, that the disclosure of any matter contained in a statement prepared in accordance with sub-section (1) would be contrary to the public interest—
         (a) by reason that it would prejudice the security, defence or international relations of Australia;
         (b) by reason that it would involve the disclosure of deliberations of the Cabinet or of a Committee of the Cabinet; or
         (c) for any other reason specified in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter should not be disclosed,
    the following provisions of this section have effect.
    "(3) A person to whom a request for a statement in relation to a decision is made under sub-section (1)—
         (a) is not required to include in the statement any matter in relation to which the Attorney-General has given a certificate under sub-section (2); and

         (b) where the statement would be false or misleading if it did not include such matter—is not required by sub-section (1) to furnish the statement to the applicant.
    "(3a) Where a certificate is given under sub-section (2) in relation to matter contained in a statement prepared in accordance with sub-section (1) in relation to a decision—
         (a) the person who made the decision shall notify the applicant in writing—
              (i) in a case where the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or
              (ii) in a case where the statement is not furnished—that the statement will not be furnished and giving the reason for not furnishing the statement; and
         (b) sub-sections 36 (2) to (8) (inclusive) apply in relation to any statement referred to in paragraph 37 (1) (a) in relation to that decision that is lodged with the Tribunal under section 37 as if the certificate were a certificate given under sub-section 36 (1) in relation to any such matter that is contained in the last-mentioned statement."; and
    (c) by adding at the end thereof the following sub-section:
    "(5) If the Tribunal, upon application, as prescribed, for a declaration under this sub-section made to it by an applicant to whom a statement has been furnished in pursuance of a request under sub-section (1), considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and,