Section 34(1) of the SAT Act empowers the Tribunal to order that a party have leave to uplift a document produced to the Tribunal by a third person for the purpose of forensic testing, where the Tribunal considers this necessary for the fair conduct of the proceeding. Ancillary orders as to security and return of the document are authorised by s 73(1). The questions of whether s 34(1) authorises uplift orders where testing would destroy or materially damage a third person's property, or where the direction would interfere with individual personal liberty, remain open.
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