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Administrative Review Tribunal Act 2024
92Attorney‑General may intervene for public interest reasons
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#### 92 Attorney‑General may intervene for public interest reasons
Attorney‑General may intervene
(1) If a person is asked a question in the course of giving evidence at the hearing of a proceeding in the Tribunal:
(a) the Attorney‑General of the Commonwealth may inform the Tribunal that, in the opinion of the Attorney‑General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(1); or
(b) the Attorney‑General of a State, the Australian Capital Territory or the Northern Territory may inform the Tribunal that, in the opinion of the Attorney‑General, the answering of the question would be contrary to the public interest for a reason mentioned in subsection 91(2).
General rule
(2) If an Attorney‑General so informs the Tribunal, the person is excused from answering the question.
Exceptions
(3) However, the person must answer the question if:
(a) for a reason covered by paragraph 91(1)(c) or (2)(b)—the Tribunal decides that the answering of the question would not be contrary to the public interest; or
(b) in any case—the Federal Court, on an appeal under section 172 or a reference under section 185, decides that answering the question would not be contrary to the public interest.
(4) For the purposes of making a decision under paragraph (3)(a), the Tribunal must be constituted:
(a) as if the making of the decision were a separate proceeding; and
(b) by a member who is, or by members at least one of whom is, a Judge or a Deputy President.