Australian Capital Territory Numbered Acts

ADMINISTRATIVE APPEALS TRIBUNAL (NO. 70 OF 1996) - SECT 17

17. Section 35 of the Principal Act is amended—

    (a)     by inserting after subsection (2) the following subsection:

“(2A) If the Attorney-General of a State or another Territory certifies in writing that the disclosure of information concerning a specified matter, or the disclosure of any matter contained in a document, would be contrary to the public interest—

        (a)     because it would involve the disclosure of deliberations or decisions of the Cabinet or Executive, or of a Committee of the Cabinet or Executive, of the State or Territory; or

        (b)     for any other reason specified in the certificate that could form the basis for a claim by the Crown in right of the State or Territory in a judicial proceeding that the information or the matter contained in the document should not be disclosed;

subsections (3) to (9) have effect.”;

    (b)     by omitting from subsection (4) “or (2)” (first occurring) and substituting “, (2) or (2A)”;

    (c)     by omitting from subsection (4) “or (2) (a) or (b)” and substituting “, (2) (a) or (b) or (2A) (a) or (b)”;

    (d)     by omitting from subsection (5) “Minister or the Commonwealth Attorney-General” (first and second occurring) and substituting “relevant official”;

    (e)     by omitting from subsection (5) “or (2)” (first occurring) and substituting “, (2) or (2A)”;

    (f)     by omitting from subsection (5) “or (2) (a) or (b)” and substituting “, (2) (a) or (b) or (2A) (a) or (b)”;

    (g)     by omitting from subsection (5) “Minister or the Commonwealth Attorney-General” (last occurring) and substituting “relevant official”;

    (h)     by omitting from subsection (7) “Minister or the Commonwealth Attorney-General” and substituting “relevant official”;

    (j)     by omitting from subsection (7) “or (2)” and substituting “, (2) or (2A)”;

    (k)     by omitting from subsection (8) “Minister or the Commonwealth Attorney-General” and substituting “relevant official”;

    (m)     by omitting from paragraph (8) (a) “or (2) (a) or (b)” and substituting “, (2) (a) or (b) or (2A) (a) or (b)”;

    (n)     by omitting from subsection (9) “Minister or the Commonwealth Attorney-General” (wherever occurring) and substituting “relevant official”; and

    (p)     by adding at the end the following subsection:

“(10) In this section—

‘relevant official' means the Minister, the Commonwealth Attorney-General or the Attorney-General of a State or another Territory.”.