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.

Note:

This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.

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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