Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 8   Other consequential amendments

Part 1   Consequential amendments

Archives Act 1983

2   Section 46

Repeal the section, substitute:

46 Constitution of Tribunal for proceedings about certain exempt records

Scope

(1) This section applies to a proceeding before the Tribunal in relation to review of a decision refusing to grant access, in accordance with an application under section 40, to a record that:

(a) is claimed to be an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b); and

(b) is not a record of the Australian Security Intelligence Organisation.

Note: Section 19F of the Administrative Appeals Tribunal Act 1975 contains the requirements for constitution of the Tribunal in proceedings about a record of the Australian Security Intelligence Organisation.

Constitution of Tribunal

(2) The Tribunal is to be constituted by:

(a) 3 presidential members of the Tribunal; or

(b) a presidential member of the Tribunal alone.

Presiding member

(3) If the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:

(a) if the President of the Tribunal is one of the members - the President; or

(b) if the President of the Tribunal is not one of the members but one or more Judges is - the most senior (or only) Judge; or

(c) if paragraphs (a) and (b) do not apply - the Deputy President of the Tribunal whom the President of the Tribunal directs to preside.