Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 6
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Tribunal powers
Subdivision A
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Hearings and evidence
SECTION 78
INSPECTION OF DOCUMENTS PRODUCED UNDER SUMMONS
General rule
78(1)
A party to a proceeding may inspect or take a copy of a document or thing produced under a summons under section 74 in relation to the proceeding: (a) in the circumstances specified in the practice directions; or (b) if the Tribunal permits.
Exception - public interest certificate applies
78(2)
This section does not apply if there is a certificate under section 91 that relates to disclosure of the document or thing in the proceeding.
Exception - disclosure prohibited by law
78(3)
Subsection (1) does not apply if the inspection or copying of the document or thing would result in a disclosure of information which is prohibited or restricted by or under this Act, another Act or an instrument made under an Act.
Exception - person objects
78(4)
The person required to produce the document or thing, or any party to the proceeding, may give the Tribunal notice that the person or party objects to the document or thing being inspected or copied.
78(5)
A notice under subsection (4) : (a) may be made in writing or in any other manner specified in the practice directions; and (b) must contain reasons for the objection.
78(6)
If a notice is given under subsection (4) , the Tribunal must decide whether the document or thing may be inspected or copied by a party to the proceeding.
General rule
78(1)
A party to a proceeding may inspect or take a copy of a document or thing produced under a summons under section 74 in relation to the proceeding: (a) in the circumstances specified in the practice directions; or (b) if the Tribunal permits.
Exception - public interest certificate applies
78(2)
This section does not apply if there is a certificate under section 91 that relates to disclosure of the document or thing in the proceeding.
Exception - disclosure prohibited by law
78(3)
Subsection (1) does not apply if the inspection or copying of the document or thing would result in a disclosure of information which is prohibited or restricted by or under this Act, another Act or an instrument made under an Act.
Note:
The disclosure of information may be prohibited or restricted by Tribunal order under section 70 .
Exception - person objects
78(4)
The person required to produce the document or thing, or any party to the proceeding, may give the Tribunal notice that the person or party objects to the document or thing being inspected or copied.
78(5)
A notice under subsection (4) : (a) may be made in writing or in any other manner specified in the practice directions; and (b) must contain reasons for the objection.
78(6)
If a notice is given under subsection (4) , the Tribunal must decide whether the document or thing may be inspected or copied by a party to the proceeding.
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