Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 47

47. (1) This section has effect notwithstanding anything contained in the
Administrative Appeals Tribunal Act 1975.

(2) At the hearing of a proceeding referred to in sub-section 46 (1), the
Tribunal-

   (a)  shall hold in private the hearing of any part of the proceeding during
        which evidence or information is given, or a record or other document
        is produced, to the Tribunal by-

        (i)    a Commonwealth institution or an officer of a Commonwealth
               institution;

        (ii)   a Minister or a member of the staff of a Minister; or

        (iii)  a member, an officer, or a member of the staff, of a body
               referred to in sub-section 29 (8),

or during which a submission is made to the Tribunal by or on behalf of a
Commonwealth institution or a Minister, being a submission in relation to the
claim-

        (iv)   in the case of a record in respect of which there is in force a
               certificate under sub-section 34 (1)-that the record is an
               exempt record; and

        (v)    in the case where a certificate is in force under sub-section
               34 (3)-that information as to the existence or non-existence of
               a record as described in an application would, if contained in
               another record, cause that other record to be an exempt record
               for the reason that it would contain information or matter of a
               kind referred to in paragraph 33 (1) (a) or (b); and

   (b)  subject to sub-section (4), shall hold the hearing of any other part
        of the proceeding in public.

(3) Where the hearing of any part of a proceeding is held in private in
accordance with sub-section (2), the Tribunal-

   (a)  may, by order, give directions as to the persons who may be present at
        that hearing; and

   (b)  shall give directions prohibiting the publication of-

        (i)    any evidence or information given to the Tribunal;

        (ii)   the contents of any records or other documents lodged with, or
               received in evidence by, the Tribunal; and

        (iii)  any submission made to the Tribunal,

at that hearing.

(4) Where, in relation to a proceeding referred to in sub-section 46 (1), the
Tribunal is satisfied that it is desirable to do so by reason of the
confidential nature of any evidence, information or matter or for any other
reason, the Tribunal may, by order-

   (a)  direct that the hearing of a part of the proceeding that, but for this
        sub-section, would be held in public shall take place in private and
        give directions as to the persons who may be present at that hearing;

   (b)  give directions prohibiting or restricting the publication of-

        (i)    the contents of any record or other document lodged with the
               Tribunal in relation to the proceeding; or

        (ii)   any evidence or information given to the Tribunal, the contents
               of any record or other document received in evidence by the
               Tribunal, or any submission made to the Tribunal, in relation
               to the proceeding otherwise than at a hearing held in private
               in accordance with sub-section (2); or

   (c)  give directions prohibiting or restricting the disclosure to some or
        all of the parties to the proceeding of evidence given before the
        Tribunal, or the contents of a record or other document lodged with,
        or received in evidence by, the Tribunal, in relation to the
        proceeding.

(5) A direction given by the Tribunal under paragraph (3) (b) or (4) (b) does
not prevent a person referred to in sub-paragraph (2) (a) (i), (ii) or (iii)
from disclosing, in the course of the performance of his duties, any matter to
any other person.