Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 36A

Scope

       (1AA)  This section does not apply to a proceeding in the Security Appeals Division to which section 39A applies.

Intervention by Attorney‑General

             (1)  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).

When person excused from answering question

             (2)  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.

Attorney‑General taken to be a party

          (2A)  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.