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MIGRATION ACT 1958 - SECT 438

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

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

                     (a)  the Minister has certified, in writing, that the disclosure of any matter contained in the document, or the disclosure 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 437(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; 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.

             (2)  If, in compliance with 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)  must 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)  If 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 under subsection (2), disclose any matter contained in the document, or the information, to the applicant.

             (4)  If the Tribunal discloses any matter to the applicant, under subsection (3), the Tribunal must give a direction under section 440 in relation to the information.



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