Victorian Current Acts Victorian Current Acts(1) If, after hearing a proceeding referred to in clause 29C(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 , the Tribunal determines in relation to a document in respect of which a certificate under section 29A(2) is in force that there do not exist reasonable grounds for the claim that the document is an exempt document under section 29A, the Tribunal must notify the responsible Minister in writing of that determination.
(2) The responsible Minister must, within 28 days after being notified under subsection (1), make a decision to revoke, or not to revoke, the certificate.
(3) If the responsible Minister makes a decision under subsection (2) to revoke a certificate—
(a) any claim made in the certificate is to be taken, for the purposes of this Act, to have been withdrawn; and
(b) the Minister must immediately inform the applicant of the existence or non-existence of the document to which the certificate related.
(4) If the Minister makes a decision under subsection (2) not to revoke a certificate, he or she must—
(a) cause written notice of the decision to be given to the applicant immediately; and
(b) cause a copy of the notice to be laid before each House of the Parliament within 5 sitting days of that House after the notice is given.
(5) A notice under subsection (4) must state the Minister's findings on any material question of fact, the material on which those findings are based, the reasons for the decision and attach a copy of the Tribunal's notification to the responsible Minister of its determination.
S. 53AA(6) amended by No. 20/2017 s. 46.
(6) The Minister is not required to include in a notice under subsection (4) matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document under section 28, 29A, 31(3), 31A or 33.
S. 53AA(7) amended by No. 20/2017 s. 46.
(7) The Minister is not required to include in a notice under subsection (4) information as to the existence or non-existence of a document or the existence or non-existence of a state of fact if that information would, if included in a document of an agency, cause that document to be an exempt document under section 28, 29A, 31(3), 31A or 33.
(8) Nothing in this section is to be taken to imply that a certificate under section 29A(2) cannot be revoked otherwise than in accordance with this section.
S. 53A inserted by No. 57/1999 s. 8.