Commonwealth Consolidated Acts

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ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 40B

Inspection of documents produced under summons

  (1)   Any of the following persons may give a party to a proceeding leave to inspect a document or other thing produced under a summons in relation to the proceeding:

  (a)   the President;

  (b)   an authorised member;

  (c)   an authorised officer.

  (2)   However, an authorised officer must not make a decision about giving leave, and must instead arrange for the President or an authorised member of the Tribunal to make the decision, if:

  (a)   the officer considers that it is not appropriate for the officer to make the decision; or

  (b)   a party to the proceeding applies to the officer to have the decision made by a member of the Tribunal.

  (3)   If an authorised officer decided whether to give a party to a proceeding leave to inspect a document produced under a summons:

  (a)   a party to the proceeding may apply to the Tribunal, within 7 days or an extended time allowed by the Tribunal, to reconsider the decision; and

  (b)   the Tribunal may reconsider the decision on such an application or its own initiative; and

  (c)   the Tribunal may make such order as it thinks fit in relation to the giving of leave to inspect the document.


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