Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 1) 1982 No. 26, 1982 - SECT 22

22. Section 28 of the Principal Act is amended -

   (a)  by inserting after sub-section (1) the following sub-sections:



"(1AA) Where a person to whom a request for a statement in relation to a
decision is made by an applicant under sub-section (1) is of the opinion that
the applicant is not entitled to be furnished with the statement, that person
shall, as soon as practicable but in any case within 28 days after receiving
the request, give to the applicant notice in writing of his opinion.



"(1AB) A person who gives a notice under sub-section (1AA) with respect to a
request for a statement in relation to a decision is not required to comply
with the request unless the Tribunal, on application under sub-section (1AC),
decides that the applicant was entitled to be furnished with the statement,
and, if the Tribunal so decides, the first-mentioned person shall prepare the
statement and furnish it to the applicant within 28 days after the decision of
the Tribunal is given.



"(1AC) The Tribunal shall, on an application being made, as prescribed, by an
applicant who has received a notice under sub-section (1AA) with respect to a
request for a statement in relation to a decision, decide whether the
applicant was, or was not, entitled to be furnished with the statement.";

   (b)  by omitting sub-sections (2) and (3) and substituting the following
        sub-sections:



"(2) If the Attorney-General certifies, by writing signed by him, that the
disclosure of any matter contained in a statement prepared in accordance with
sub-section (1) would be contrary to the public interest -

   (a)  by reason that it would prejudice the security, defence or
international relations of Australia;

   (b)  by reason that it would involve the disclosure of deliberations
of the Cabinet or of a Committee of the Cabinet; or

   (c)  for any other reason specified in the certificate that could form
the basis for a claim by the Crown in right of the
Commonwealth in a judicial proceeding that the matter should not be disclosed,
the following provisions of this section have effect.



"(3) A person to whom a request for a statement in relation to a decision is
made under sub-section (1) -

   (a)  is not required to include in the statement any matter in relation to
        which the Attorney-General has given a certificate under sub-section
        (2); and

   (b)  where the statement would be false or misleading if it did not include
        such matter - is not required by sub-section (1) to furnish the
        statement to the applicant.



"(3A) Where a certificate is given under sub-section (2) in relation to matter
contained in a statement prepared in accordance with sub-section (1) in
relation to a decision -

   (a)  the person who made the decision shall notify the applicant in writing
        -

        (i)    in a case where the matter is not included in the statement -
               that the matter is not so included and giving the reason for
               not including the matter; or

        (ii)   in a case where the statement is not furnished - that the
               statement will not be furnished and giving the reason for not
               furnishing the statement; and

   (b)  sub-sections 36 (2) to (8) (inclusive) apply in relation to any
        statement referred to in paragraph 37 (1) (a) in relation to that
        decision that is lodged with the Tribunal under section 37 as if the
        certificate were a certificate given under sub-section 36 (1) in
        relation to any such matter that is contained in the last-mentioned
        statement."; and

   (c)  by adding at the end thereof the following sub-section:



"(5) If the Tribunal, upon application, as prescribed, for a declaration under
this sub-section made to it by an applicant to whom a statement has been
furnished in pursuance of a request under sub-section (1), considers that the
statement does not contain adequate particulars of findings on material
questions of fact, an adequate reference to the evidence or other material on
which those findings were based or adequate particulars of the reasons for the
decision, the Tribunal may make a declaration accordingly, and, where the
Tribunal makes such a declaration, the person to whom the request for the
statement was made shall, as soon as practicable but in any case within 28
days after the Tribunal makes the declaration, furnish to the applicant an
additional statement or additional statements containing further and better
particulars in relation to matters specified in the declaration with respect
to those findings, that evidence or other material or those reasons.".