Document ID: chunk:federal_register_of_legislation:C2004A02585:body:0:p17
Version: federal_register_of_legislation:C2004A02585
Segment Type: other
Provision Reference: 
Character Range: 42534–45382

to be disclosed
29. Section 36 of the Principal Act is amended—
    (a) by omitting from sub-section (1) "the contents of" (first occurring) and substituting "any matter contained in";
    (b) by omitting from paragraph (1) (c) "contents of the documents" and substituting "matter contained in the document";
    (c) by omitting from sub-section (2) "to produce the document to or lodge the document with the Tribunal" and substituting "to produce to, or lodge with, the Tribunal the document in which the matter is contained";
    (d) by omitting from sub-section (2) "is not, or the contents of the document are not," and substituting "or the matter contained in the document is not";
    (e) by omitting sub-section (3) and substituting the following sub-sections:

    "(3) Where the Attorney-General has certified in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Tribunal shall consider whether the information or the matter should be disclosed to all or any of the parties to the proceeding and, if it decides that the information or the matter should be so disclosed, the Tribunal shall make the information available or permit the part of the document containing the matter to be inspected accordingly.
    "(3a) Where, in relation to a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General certifies in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding.";
    (f) by omitting from sub-section (4) "the contents of a document should be disclosed as mentioned in sub-section (3), the President shall take as the basis of his consideration" and substituting "matter contained in a document should be disclosed as mentioned in sub-section (3), the Tribunal shall take as the basis of its consideration";
    (g) by omitting from sub-section (4) "contents of (last occurring) and substituting "matter contained in";
    (h) by inserting before sub-section (4a) the following sub-section:
    "(4aa) The Tribunal shall, as soon as practicable after the Tribunal makes a decision under sub-section (3) in relation to information, or matter contained in a document, in relation to a proceeding, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal.";
    (j) by omitting from sub-sections (4a), (5) and (6) "the contents of" (wherever occurring) and substituting