Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 36C

Scope

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

Intervention by State 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 of a State 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 36B(1).

When person excused from answering question

             (2)  Where the Attorney‑General of a State 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)  if the reason specified is, or the reasons specified include, a reason referred to in paragraph 36B(1)(a)--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)  otherwise--the Tribunal decides that the answering of the question would not be contrary to the public interest.

State Attorney‑General taken to be a party

             (3)  Where the Attorney‑General of a State 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 and, but for this subsection, that Attorney‑General would not be a party to the proceeding, that Attorney‑General shall, for the purposes of this Act, be taken to be a party to the proceeding.