S 66(1) substituted by No 60 of 2015, s 3 and Sch 1 item 145, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 66(1) formerly read:

66(1) Protected information.  

A person who is, or has been, a member or an officer of the Tribunal is not competent, and shall not be required, to give evidence to a court relating to a matter if -

(a) the giving of the evidence would be contrary to an order of the Tribunal in force under subsection 35(2) or under a similar provision of an enactment other than this Act;

(b) an application has been made to the Tribunal for an order under that subsection, or under such a similar provision, concerning the matter to which the evidence would relate and the Tribunal has not determined that application; or

(c) a certificate under section 36 or 36B is in force certifying that the disclosure of information concerning the matter to which the evidence would relate would be contrary to the public interest for a reason referred to in subsection 36(1) or 36B(1) and, where the certificate does not specify a reason referred to in paragraph 36(1)(a) or (b), or 36B(1)(a), as the case may be, the Tribunal has not made information concerning that matter available to the parties to a proceeding before the Tribunal and, in the case of information contained in a document, has not permitted the parties to such a proceeding to inspect the document.

S 66(1) substituted by No 58 of 1977; amended by No 193 of 1985; No 120 of 1988.

S 66(2) substituted by No 60 of 2015, s 3 and Sch 1 item 145, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 66(2) formerly read:

66(2) Protected documents.  

A person who is, or has been, a member or an officer of the Tribunal shall not be required to produce in a court a document given to the Tribunal in connexion with a proceeding if -

(a) the production of the document would be contrary to an order of the Tribunal in force under subsection 35(2) or under a similar provision of an enactment other than this Act;

(b) an application has been made to the Tribunal for an order under that subsection, or under such a similar provision, in relation to the document and the Tribunal has not determined that application; or

(c) a certificate under section 36 or 36B is in force certifying that the disclosure of matter contained in the document would be contrary to the public interest for a reason referred to in subsection 36(1) or 36B(1) and, where the certificate does not specify a reason referred to in paragraph 36(1)(a) or (b), or 36B(1)(a), as the case may be, the Tribunal has not permitted the parties to a proceeding before the Tribunal to inspect the document.

S 66(2) amended by No 38 of 2005. For transitional provisions see note under s 2A .

S 66(2) substituted by No 58 of 1977; amended by No 120 of 1988.

S 66(3) substituted by No 58 of 1977.

Definition of " enactment " inserted by No 139 of 2010, s 3 and Sch 1 item 149, effective 1 January 2011.

Definition of " entrusted person " inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.

Definition of " parliament " inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.

Definition of " protected " inserted by No 60 of 2015, s 3 and Sch 1 item 146, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act.

S 66(4) substituted by No 58 of 1977.

Note to s 66 inserted by No 175 of 1995; amended by No 161 of 1999.