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MIGRATION ACT 1958 - SECT 376 Tribunal's discretion in relation to disclosure of certain information etc.

MIGRATION ACT 1958 - SECT 376

Tribunal's discretion in relation to disclosure of certain information etc.

  (1)   This section applies to a document or information if:

  (a)   the Minister:

  (i)   has certified, in writing, that the disclosure of any matter contained in the document, or of the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph   375(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; and

  (ii)   has not included a statement in the certificate that the document or information must only be disclosed to the Tribunal; or

  (b)   the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence and section   375A does not apply to the document or information.

  (2)   Where, pursuant to a requirement of or under this Act, the Secretary gives to the Tribunal a document or information to which this section applies, the Secretary:

  (a)   shall notify the Tribunal in writing that this section applies in relation to the document or information; and

  (b)   may give the Tribunal any written advice that the Secretary thinks relevant about the significance of the document or information.

  (3)   Where the Tribunal is given a document or information and is notified that this section applies in relation to it, the Tribunal:

  (a)   may, for the purpose of the exercise of its powers, have regard to any matter contained in the document, or to the information; and

  (b)   may, if the Tribunal thinks it appropriate to do so having regard to any advice given by the Secretary pursuant to subsection   (2), disclose any matter contained in the document, or the information, to the applicant or to any other person who has given oral or written evidence to the Tribunal.

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