Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 33.18

Registrar of Tribunal to send documents

             (1)  The Registrar of the Tribunal must, within 21 days after being served with the notice of appeal, lodge the following with the Registry in which the notice of appeal has been filed:

                     (a)  a copy of the decision of the Tribunal;

                     (b)  if the Tribunal gave reasons in writing for its decision--a copy of the reasons;

                     (c)  if a transcript or notes of proceedings before the Tribunal were taken--the transcript or the notes;

                     (d)  a list of the documents sent to the Court under section 46(1)(a) of the AAT Act.

             (2)  The list of documents must state the following:

                     (a)  the documents that were before the Tribunal;

                     (b)  the documents (if any) about which the Tribunal has made an order under section 35(2) of the AAT Act;

                     (c)  the documents (if any) for which the Attorney-General has given a certificate under section 28(2) of the AAT Act;

                     (d)  the documents (if any) for which the Attorney-General has given a certificate under section 36(1) of the AAT Act;

                     (e)  whether, for each document mentioned in paragraph (d), an order was made by the Tribunal under section 36(3) of the AAT Act.

Note 1:       Section 46(1)(a) of the AAT Act requires the Tribunal to send documents to the Court.

Note 2:       Section 35(2) of the AAT Act provides that the Tribunal may make orders in relation to private hearings.

Note 3:       Sections 28(2) and 36(1) of the AAT Act provide that the Attorney -General may issue a certificate that the disclosure of certain matters would be contrary to the public interest.

Note 4:       Section 36(3) of the AAT Act provides that if the Attorney-General issues a certificate under section 36(1) of that Act, but does not specify a reason, the Tribunal must consider whether to disclose the information or matter to all or any of the parties to the proceeding.



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