Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 4 - Hearings and evidence  

SECTION 36A   ANSWERING QUESTIONS WHERE ATTORNEY-GENERAL INTERVENES ON PUBLIC INTEREST GROUNDS  

36A(1AA)   Scope.  

This section does not apply to a proceeding in the Security Division to which section 39A applies.

36A(1)   Intervention by Attorney-General.  

Where, at the hearing of a proceeding before the Tribunal, a person is asked a question in the course of giving evidence, the Attorney-General may inform the Tribunal that, in his or her opinion, the answering of the question would be contrary to the public interest for a specified reason or reasons, being a reason or reasons mentioned in subsection 36(1) .

36A(2)   When person excused from answering question.  

Where the Attorney-General so informs the Tribunal that, in his or her opinion, the answering by a person of a question would be contrary to the public interest, that person is excused from answering the question unless -


(a) in the case where the reason specified is, or the reasons specified include, a reason referred to in paragraph 36(1)(a) or (b) - a court, on an appeal under section 44 or a reference under section 45 , decides that the answering of the question would not be contrary to the public interest; or


(b) in any other case - the Tribunal decides that the answering of the question would not be contrary to the public interest.

36A(2A)   Attorney-General taken to be a party.  

Where the Attorney-General informs the Tribunal that, in his or her opinion, the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest, being a proceeding to which the Attorney-General would not, but for this subsection, be a party, the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding.

36A(2B) - (6)  
(Omitted by No 120 of 1988)




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