Commonwealth Consolidated Acts Commonwealth Consolidated ActsAttorney - General may intervene
(1) If a person is asked a question in the course of giving evidence at the hearing of a proceeding in the Tribunal:
(a) the Attorney - General of the Commonwealth may inform the Tribunal that, in the opinion of the Attorney - General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(1); or
(b) the Attorney - General of a State, the Australian Capital Territory or the Northern Territory may inform the Tribunal that, in the opinion of the Attorney - General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(2).
General rule
(2) If an Attorney - General so informs the Tribunal, the person is excused from answering the question.
Exceptions
(3) However, the person must answer the question if:
(a) for a reason covered by paragraph 91(1)(c) or (2)(b)--the Tribunal decides that the answering of the question would not be contrary to the public interest; or
(b) in any case--the Federal Court, on an appeal under section 172 or a reference under section 185, decides that answering the question would not be contrary to the public interest.
(4) For the purposes of making a decision under paragraph (3)(a), the Tribunal must be constituted:
(a) as if the making of the decision were a separate proceeding; and
(b) by a member who is, or by members at least one of whom is, a Judge or a Deputy President.