Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 4 - Procedure in Tribunal  

SECTION 58E   Production to the Tribunal of certain exempt documents  

58E(1)    

In any proceedings before the Tribunal under this Act in relation to a document that is claimed to be an exempt document under section 33 , 34 or 45A , the Tribunal is entitled to require the production of the document in accordance with this section and not in accordance with section 64 of this Act or section 23 , 25 or 26 of the Administrative Review Tribunal Act 2024 or otherwise.

58E(2)    

If the Tribunal is not satisfied by evidence on affidavit or otherwise that the document is an exempt document under section 33 , 34 or 45A , the Tribunal may require the document to be produced for inspection by the Tribunal as constituted for the purposes of the proceeding.

58E(3)    
If, after an inspection of a document under this section, the Tribunal is satisfied that the document is an exempt document, the Tribunal must return the document to the person by whom it was produced without permitting a person to have access to the document or disclosing the contents of the document to a person, unless the person is:

(a)    a member of the Tribunal as constituted for the purposes of the proceeding; or

(b)    a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff; or

(c)    in the circumstances permitted under paragraph 60A(6)(a) - the Inspector-General of Intelligence and Security.

58E(4)    

If the Tribunal is satisfied as mentioned in subsection (3) , section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.