Administrative Review Tribunal Act 2024

PART 10 - NOTICE AND INFORMATION ABOUT ADMINISTRATIVE DECISION  

Division 3 - Decision-makers to give reasons for decisions  

SECTION 272   PUBLIC INTEREST CERTIFICATE IN RELATION TO STATEMENT OF REASONS  

272(1)    
The Attorney-General of the Commonwealth may certify, in writing, that the disclosure of specified information in a statement of reasons for a decision would be contrary to the public interest for one or more of the following reasons:

(a)    the disclosure would prejudice the security, defence or international relations of the Commonwealth;

(b)    the disclosure would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet;

(c)    any other reason that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information should not be disclosed.

272(2)    
If an application is made under subsection 270(2) or 271(2) in relation to the decision, the Attorney-General of the Commonwealth is taken to have certified under subsection 91(1) that the disclosure of the specified information in the proceeding in relation to the application would be contrary to the public interest for the reason specified in the certificate.

272(3)    
If an application is made for review of the decision, the Attorney-General of the Commonwealth is taken to have certified under subsection 91(1) that the disclosure of the specified information in the proceeding for the review would be contrary to the public interest for the reason specified in the certificate.

272(4)    
A certificate under subsection (1) is not a legislative instrument.