Tobacco Act 1987

Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 34ZP is protected information, only the following persons are entitled to be present at the hearing of the application to the extent that it relates to that protected information—

the Chief Commissioner of Police;

the special counsel;

if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2), the Regulator.

Each person that is entitled to be present at the hearing of the proceeding has a right to make submissions as to—

the weight that should be given to the evidence supporting the grounds for the decision that amounts to protected information and any other evidence adduced; and

if relevant, the character of the applicant, being evidence indicating whether the applicant or an associate of the applicant is a suitable person to carry on or be associated with a tobacco supply business under a licence; and

whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.

In determining a proceeding that involves protected information, VCAT must decide—

what weight to give the protected information and any other evidence adduced; and

whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.

If VCAT decides under section 34ZP that any evidence adduced is protected information, VCAT must take all steps and precautions to prevent release of that information.

If a special counsel wishes to seek further instructions from the applicant in relation to the protected information, the special counsel must first submit written questions to VCAT for approval.

Before approving the written questions under subsection (5), VCAT must—

allow the Chief Commissioner of Police to make submissions on the content of the questions; and

hear any submissions so made.

Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order made by VCAT in relation to a decision under this section must only state—

whether the decision of the Regulator is upheld or overturned; and

if the applicant's licence is not issued, renewed or reinstated (as the case requires), that the applicant or each relevant person in relation to the application has failed to meet the suitability requirements.

VCAT may publish reasons for its decision only to the extent that those reasons do not relate to protected information.