Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 40B   INSPECTION OF DOCUMENTS PRODUCED UNDER SUMMONS  

40B(1)    
Any of the following persons may give a party to a proceeding leave to inspect a document or other thing produced under a summons in relation to the proceeding:

(a)    the President;

(b)    an authorised member;

(c)    an authorised officer.


40B(2)    
However, an authorised officer must not make a decision about giving leave, and must instead arrange for the President or an authorised member of the Tribunal to make the decision, if:

(a)    the officer considers that it is not appropriate for the officer to make the decision; or

(b)    a party to the proceeding applies to the officer to have the decision made by a member of the Tribunal.

40B(3)    
If an authorised officer decided whether to give a party to a proceeding leave to inspect a document produced under a summons:

(a)    a party to the proceeding may apply to the Tribunal, within 7 days or an extended time allowed by the Tribunal, to reconsider the decision; and

(b)    the Tribunal may reconsider the decision on such an application or its own initiative; and

(c)    the Tribunal may make such order as it thinks fit in relation to the giving of leave to inspect the document.




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