(1) In hearing and
determining review proceedings the Court has to avoid the disclosure of
—
(a)
exempt matter; or
(b)
information as to the existence or non-existence of a document containing
matter exempt under clause 1, 2 or 5 of Schedule 1.
(2) If in the opinion
of the Supreme Court it is necessary to do so in order to prevent disclosure
of exempt matter or matter of a kind referred to in subsection (1)(b) the
Supreme Court may receive evidence and hear argument in the absence of the
public and any party or representative of a party.
(3) The Supreme Court
is not to include exempt matter, or information of a kind referred to in
subsection (1)(b) in its decision in review proceedings or in reasons given
for the decision.
(4) If the question of
whether or not a document is a document of the agency is in issue, subsections
(1), (2) and (3) apply to the contents of the document as if those contents
were exempt matter.