PART IV
-
REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 4
-
Hearings and evidence
History
Div 4 heading inserted by No 38 of 2005. For transitional provisions see note under s
2A
.
SECTION 35AA
ORDERS FOR NON-PUBLICATION AND NON-DISCLOSURE
-
CERTAIN SECURITY DIVISION PROCEEDINGS
35AA(1)
This section applies in relation to a proceeding in the Security Division to which section
39A
or
39BA
applies.
History
S 35AA(1) amended by No 33 of 2023, s 3 and Sch 1 item 44(c), by substituting
"
section 39A or 39BA
"
for
"
section 39A
"
, effective 1 July 2023.
35AA(2)
The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of:
(a)
information tending to reveal the identity of:
(i)
a party to or witness in the proceeding; or
(ii)
any person related to or otherwise associated with any party to or witness in the proceeding; or
(b)
information otherwise concerning a person referred to in paragraph (a); or
(c)
information that relates to the proceeding and is any of the following:
(i)
information that comprises evidence or information about evidence;
(ii)
information lodged with or otherwise given to the Tribunal; or
(d)
the whole or any part of its findings on the review.
History
S 35AA substituted by No 60 of 2015, s 3 and Sch 1 item 67, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 35AA formerly read:
SECTION 35AA RESTRICTION ON PUBLICATION OF EVIDENCE AND FINDINGS IN A PROCEEDING BEFORE THE SECURITY APPEALS DIVISION
35AA
For the purposes of a proceeding before the Security Appeals Division to which section 39A applies, the Tribunal may give directions prohibiting or restricting the publication of:
(a)
evidence given before the Tribunal; or
(b)
the names and addresses of witnesses before the Tribunal; or
(c)
matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal; or
(d)
the whole or any part of its findings on the review.
S 35AA inserted by No 175 of 1995, s 3, Sch 1.