Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 4 - Disclosure of information  

SECTION 157   RESTRICTING PUBLICATION OR DISCLOSURE OF INFORMATION  
When this section applies

157(1)    
This section applies:

(a)    in relation to a proceeding in the Intelligence and Security jurisdictional area; and

(b)    in addition to:

(i) section 70 (Tribunal may restrict publication or disclosure of information); and

(ii) section 71 (requirements for Tribunal orders about hearings, publication and disclosure).

Orders restricting publication or disclosure of information

157(2)    
In considering whether to make an order under section 70 restricting publication or other disclosure of information, the Tribunal must:

(a)    in any case - have regard to the necessity of avoiding the disclosure of national security information; and

(b)    if the proceeding is for review of an intelligence and security decision - give particular weight to any submission made by, or on behalf of, the agency head.

Orders restricting publication or disclosure of findings

157(3)    
The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of the whole or any part of its findings in the proceeding.

Note:

Breach of a non-publication or non-disclosure order is an offence (see section 119 ).