Administrative Appeals Tribunal Act 1975 (Repealed)

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 5 - Procedural powers of Tribunal  

SECTION 40B   INSPECTION OF DOCUMENTS PRODUCED UNDER SUMMONS  

40B(1)    
Any of the following persons may give a party to a proceeding leave to inspect a document or other thing produced under a summons in relation to the proceeding:

(a)    the President;

(b)    an authorised member;

(c)    an authorised officer.


40B(2)    
However, an authorised officer must not make a decision about giving leave, and must instead arrange for the President or an authorised member of the Tribunal to make the decision, if:

(a)    the officer considers that it is not appropriate for the officer to make the decision; or

(b)    a party to the proceeding applies to the officer to have the decision made by a member of the Tribunal.

40B(3)    
If an authorised officer decided whether to give a party to a proceeding leave to inspect a document produced under a summons:

(a)    a party to the proceeding may apply to the Tribunal, within 7 days or an extended time allowed by the Tribunal, to reconsider the decision; and

(b)    the Tribunal may reconsider the decision on such an application or its own initiative; and

(c)    the Tribunal may make such order as it thinks fit in relation to the giving of leave to inspect the document.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.