Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 1) 1982 No. 26, 1982 - SECT 29

29. Section 36 of the Principal Act is amended -

(a) by omitting from sub-section (1) "the contents of" (first occurring)
and substituting "any matter contained in";

(b) by omitting from paragraph (1) (c) "contents of the documents" and
substituting "matter contained in the document";

   (c)  by omitting from sub-section (2) "to produce the document to or lodge
the document with the Tribunal" and substituting "to produce to, or
lodge with, the Tribunal the document in which the matter is
contained";

   (d)  by omitting from sub-section (2) "is not, or the contents of the
document are not," and substituting "or the matter contained in the
document is not";

   (e)  by omitting sub-section (3) and substituting the following
        sub-sections:



"(3) Where the Attorney-General has certified in accordance with sub-section
(1) that the disclosure of information, or of matter contained in a document,
would be contrary to the public interest but the certificate does not specify
a reason referred to in paragraph (1) (a) or (b), the Tribunal shall consider
whether the information or the matter should be disclosed to all or any of the
parties to the proceeding and, if it decides that the information or the
matter should be so disclosed, the Tribunal shall make the information
available or permit the part of the document containing the matter to be
inspected accordingly.



"(3A) Where, in relation to a proceeding to which the Attorney-General would
not, but for this sub-section, be a party, the Attorney-General certifies in
accordance with sub-section (1) that the disclosure of information, or of
matter contained in a document, would be contrary to the public interest but
the certificate does not specify a reason referred to in paragraph (1) (a) or
(b), the Attorney-General shall, for the purposes of this Act, be deemed to be
a party to the proceeding.";

   (f)  by omitting from sub-section (4) "the contents of a document should be
        disclosed as mentioned in sub-section (3), the President shall take as
        the basis of his consideration" and substituting "matter contained in
        a document should be disclosed as mentioned in sub-section (3), the
        Tribunal shall take as the basis of its consideration";

   (g)  by omitting from sub-section (4) "contents of" (last occurring) and
        substituting "matter contained in";

   (h)  by inserting before sub-section (4A) the following sub-section:



"(4AA) The Tribunal shall, as soon as practicable after the Tribunal makes a
decision under sub-section (3) in relation to information, or matter contained
in a document, in relation to a proceeding, furnish to each party to the
proceeding a document setting out the terms of the decision of the Tribunal.";

   (j)  by omitting from sub-sections (4A), (5) and (6) "the contents of"
        (wherever occurring) and substituting "matter contained in"; and

   (k)  by adding at the end thereof the following sub-sections:



"(7) The power of the Tribunal under sub-section (3) to decide whether or not
information, or matter contained in a document, should be disclosed to all or
any of the parties to a proceeding may be exercised only by the Tribunal
constituted by a presidential member who is a Judge of the Federal Court of
Australia.



"(8) A decision by the Tribunal under sub-section (3) as to whether or not
information, or matter contained in a document, should be disclosed to all or
any of the parties to a proceeding is a decision by the Tribunal in that
proceeding for the purposes of section 44.".