Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do not apply in relation to a record that is claimed to be an exempt record, but in proceedings before the Tribunal in relation to such a record, if the Tribunal is not satisfied, by evidence on affidavit or otherwise, that the record is an exempt record, it may require the record to be produced for inspection by members of the Tribunal only.
(1A) If, upon the inspection, the Tribunal is satisfied that the record is an exempt record, the Tribunal must return the record to the person by whom it was produced without permitting a person to have access to the record, or disclosing the contents of the record 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 50A(6)(a)--the Inspector - General of Intelligence and Security.
(1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.
(2) The Tribunal may require the production, for inspection by members of the Tribunal only, of an exempt record for the purpose of determining whether, and to what extent, it is practicable for arrangements to be made in accordance with section 38 and, where an exempt record is produced by reason of such a requirement, the Tribunal shall, after inspection of the record by the members of the Tribunal as constituted for the purposes of the proceeding, return the record to the person by whom it was produced without permitting a person to have access to the record or disclosing the contents of the record 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 50A(6)(a)--the Inspector - General of Intelligence and Security.
(5) Subsection (1) or (2) does not operate so as to prevent the Tribunal from causing a document produced in accordance with that subsection to be sent to the Federal Court of Australia in accordance with section 187 of the Administrative Review Tribunal Act 2024 , but, where such a document is so sent to the Court, the Court shall do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance with this Act) to any person other than a member of the Court as constituted for the purpose of the proceeding before the Court or a member of the staff of the Court in the course of the performance of his or her duties as a member of that staff.
(6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024 .
(7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024 , the Federal Circuit and Family Court of Australia (Division 2) must do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance with this Act) to any person other than:
(a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or
(b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.