Document ID: chunk:federal_register_of_legislation:C2025C00141:section:94
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 94
Character Range: 128783–130907

94  Public interest decisions made by Tribunal

When this section applies
 (1) This section applies if, in relation to a proceeding (the primary proceeding):
 (a) an Attorney‑General certifies under section 91 that the disclosure of specified information, or the content of a specified document, would be contrary to the public interest; and
 (b) the Tribunal makes a decision (the public interest decision) under subsection 91(6) in relation to the information, or the content of the document.
 (2) This section also applies if, in relation to a proceeding (the primary proceeding):
 (a) an Attorney‑General informs the Tribunal under section 92 that the answering of a question would be contrary to the public interest; and
 (b) the Tribunal makes a decision (the public interest decision) under paragraph 92(3)(a) in relation to the answering of the question.

Tribunal must give reasons for decision
 (3) The Tribunal must, as soon as practicable after making the public interest decision, give each party to the primary proceeding a statement of reasons for the decision.

Question of law
 (3A) For the purposes of this Act, each of the following is a question of law:
 (a) the question whether information, or a document, should be made available to a party to a proceeding under subsection 91(6);
 (b) the question whether the answering of a question would be contrary to the public interest.

Appeals to Federal Court
 (4) For the purposes of section 172 (party may appeal), the public interest decision is to be treated as:
 (a) the decision of the Tribunal in a separate proceeding; and
 (b) made by the Tribunal constituted for the purposes of the public interest decision.

Referral to Federal Court
 (5) For the purposes of section 185 (referring questions of law), a question of law in relation to the public interest decision that is referred to the Federal Court is to be treated as:
 (a) a question arising in the primary proceeding; but
 (b) referred by the Tribunal constituted for the purposes of the public interest decision.

Division 8—Decision

Subdivision A—Withdrawing and dismissing applications