Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

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History

Part VIIA inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

Division 4 - Procedure in Tribunal  

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History

Div 4 heading inserted by No 51 of 2010, s 3 and Sch 4 item 37, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

SECTION 58E   Production to the Tribunal of certain exempt documents  

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58E(1)    

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In any proceedings before the Tribunal under this Act in relation to a document that is claimed to be an exempt document under section 33 , 34 or 45A , the Tribunal is entitled to require the production of the document in accordance with this section and not in accordance with section 64 , section 37 or 38AA of the Administrative Appeals Tribunal Act 1975 or otherwise.

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S 58E(1) amended by No 60 of 2015, s 3 and Sch 8 item 24, effective 1 July 2015.

S 58E(1) amended by No 177 of 2012, s 3 and Sch 1 item 9, effective 4 December 2012. For application provisions see note under s 45A .

58E(2)    

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If the Tribunal is not satisfied by evidence on affidavit or otherwise that the document is an exempt document under section 33 , 34 or 45A , the Tribunal may require the document to be produced for inspection by the Tribunal as constituted for the purposes of the proceeding.

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S 58E(2) amended by No 177 of 2012, s 3 and Sch 1 item 10, effective 4 December 2012. For application provisions see note under s 45A .

58E(3)    
If, after an inspection of a document under this section, the Tribunal is satisfied that the document is an exempt document, the Tribunal must return the document to the person by whom it was produced without permitting a person to have access to the document or disclosing the contents of the document 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 60A(6)(a) - the Inspector-General of Intelligence and Security.

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History

S 58E substituted by No 99 of 2009, s 3 and Sch 1 item 17, effective 7 October 2009. For application provision, see note under s 33 .

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