Document ID: chunk:federal_register_of_legislation:C2009A00099:clause:2_13
Version: federal_register_of_legislation:C2009A00099
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 27841–28936

13  Subsection 53(1)
Repeal the subsection, substitute:
 (1) Section 37 of the Administrative Appeals Tribunal Act 1975 does not apply in relation to a record that is claimed to be an exempt record, but in proceedings before the Tribunal in relation to such a record, if the Tribunal is not satisfied, by evidence on affidavit or otherwise, that the record is an exempt record, it may require the record to be produced for inspection by members of the Tribunal only.
 (1A) If, upon the inspection, the Tribunal is satisfied that the record is an exempt record, the Tribunal must return the record to the person by whom it was produced without permitting a person to have access to the record, or disclosing the contents of the record 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 50A(6)(a)—the Inspector‑General of Intelligence and Security.