Migration Act 1958

This section applies to a document or information if:

the Minister:

has certified, in writing, that the disclosure of any matter contained in the document, or 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 375(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; and

has not included a statement in the certificate that the document or information must only be disclosed to the ART; or

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 and section 375A does not apply to the document or information.

Where, pursuant to a requirement of or under this Act or the ART Act, the Secretary gives to the ART a document or information to which this section applies, the Secretary:

shall notify the ART in writing that this section applies in relation to the document or information; and

may give the ART any written advice that the Secretary thinks relevant about the significance of the document or information.

Where the ART is given a document or information and is notified that this section applies in relation to it, the ART:

may, for the purpose of the exercise of its powers, have regard to any matter contained in the document, or to the information; and

may, if the ART thinks it appropriate to do so having regard to any advice given by the Secretary pursuant to subsection (2), disclose any matter contained in the document, or the information, to the applicant or to any other person who has given oral or written evidence to the ART.