Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:2_11
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 26646–27754

11  Subsection 52(1)
Repeal the subsection, substitute:
 (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 35(2) of the Administrative Appeals Tribunal Act 1975 for the purposes of proceedings in relation to an application under section 43, the Tribunal must:
 (a) have regard to:
 (i) the necessity of avoiding the disclosure to the applicant of matter contained in a record to which the proceedings relate, being matter by reason of which the record is an exempt record; and
 (ii) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1); and
 (b) where the proceedings relate to a record 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)—give particular weight to a submission made by the Archives that it is desirable to make the order or orders under subsection 35(2) of the Administrative Appeals Tribunal Act 1975 because the record contains information or matter of that kind.