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MIGRATION ACT 1958 - SECT 473GB

Immigration Assessment Authority's discretion in relation to disclosure of certain information etc.

             (1)  This section applies to a document or information if:

                     (a)  the Minister has certified, under subsection (5), that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph 473GA(1)(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or

                     (b)  the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence.

             (2)  If, in compliance with a requirement of or under this Act, the Secretary gives to the Immigration Assessment Authority a document or information to which this section applies, the Secretary:

                     (a)  must notify the Authority in writing that this section applies in relation to the document or information; and

                     (b)  may give the Authority any written advice that the Secretary thinks relevant about the significance of the document or information.

             (3)  If the Immigration Assessment Authority is given a document or information and is notified that this section applies in relation to it, the Authority:

                     (a)  may, for the purpose of the exercise of its powers in relation to a fast track reviewable decision in respect of a referred applicant, have regard to any matter contained in the document, or to the information; and

                     (b)  may, if the Authority thinks it appropriate to do so having regard to any advice given by the Secretary under subsection (2), disclose any matter contained in the document, or the information, to the referred applicant.

             (4)  If the Immigration Assessment Authority discloses any matter to the referred applicant under subsection (3), the Authority must give a direction under section 473GD in relation to the information.

             (5)  The Minister may issue a written certificate for the purposes of subsection (1).



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