(1AA) This section does not apply to a proceeding in the Security Division to which section 39A or 39BA applies.
Intervention by Attorney - General
(1) Where, at the hearing of a proceeding before the Tribunal, a person is asked a question in the course of giving evidence, the Attorney - General may inform the Tribunal that, in his or her opinion, the answering of the question would be contrary to the public interest for a specified reason or reasons, being a reason or reasons mentioned in subsection 36(1).
When person excused from answering question
(2) Where the Attorney - General so informs the Tribunal that, in his or her opinion, the answering by a person of a question would be contrary to the public interest, that person is excused from answering the question unless:
(a) in the case where the reason specified is, or the reasons specified include, a reason referred to in paragraph 36(1)(a) or (b)--a court, on an appeal under section 44 or a reference under section 45, decides that the answering of the question would not be contrary to the public interest; or
(b) in any other case--the Tribunal decides that the answering of the question would not be contrary to the public interest.
Attorney - General taken to be a party
(2A) Where the Attorney - General informs the Tribunal that, in
his or her opinion, the answering by a person of a question at the hearing of
a proceeding would be contrary to the public interest, being a proceeding to
which the Attorney - General would not, but for this subsection, be a party,
the Attorney - General shall, for the purposes of this Act, be deemed to be a
party to the proceeding.