Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Where, in considering a question referred to in section 62 (4) or (5) in relation to a document in respect of which a certificate has been given, the ACAT determines that there are not reasonable grounds for the claim to which the question relates, the appropriate Minister shall, not later than 28 days after the determination of the ACAT is communicated to him or her, make a decision—
(a) to revoke the certificate; or
(b) not to revoke the certificate.
(2) Where a Minister makes a decision under subsection (1) to revoke a certificate—
(a) if the certificate was given under section 37A (2)—the claim that the document to which the certificate relates is an exempt document shall be taken to have been withdrawn; and
(b) if the certificate was given under section 37A (4)—the Minister shall, as soon as possible after the revocation of the certificate, inform the applicant of the existence or non-existence of the document to which the certificate relates.
(3) Where a Minister makes a decision under subsection (1) not to revoke a certificate, the Minister shall—
(a) give notice in writing of the decision to the applicant as soon as possible; and
(b) cause a copy of the notice to be presented to the Legislative Assembly within 5 sitting days of the Legislative Assembly after the notice is so given.
(4) A notice under subsection (3) shall state the findings of the Minister giving the notice on any material question of fact, the material on which those findings were based, and the reasons for the decision.
(5) A Minister is not required to include in a notice under subsection (3) matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document under section 34, section 35, section 36 or section 37A.
(6) A Minister is not required to include in a notice under subsection (3) information as to the existence or non-existence of a document or the existence or non-existence of a state of fact if that information would, if included in a document of an agency, cause that lastmentioned document to be an exempt document under section 34, section 35 or section 37A.
(7) The Administrative Decisions (Judicial Review) Act 1989, section 13 does not apply to a decision of a Minister under this section.
(8) Nothing in this section implies that a certificate under section 37A may not be revoked otherwise than under subsection (1).
(9) In this section:
"appropriate Minister", for a document for which a certificate is in force under section 37A, means the Minister who gave, or whose delegate gave, the certificate.