# ART’s discretion in relation to disclosure of certain information etc

> act-s376 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

376 ART’s discretion in relation to disclosure of certain information
         etc.
          (1) This section applies to a document or information if:
               (a) the Minister:
                     (i) has certified, in writing, that the disclosure of any
                         matter contained in the document, or of the information,
                         would be contrary to the public interest for any reason
                         specified in the certificate (other than a reason set out in








                           paragraph 375(a) or (b)) that could form the basis for a
                           claim by the Crown in right of the Commonwealth in a
                           judicial proceeding that the matter contained in the
                           document, or the information, should not be disclosed;
                           and
                      (ii) has not included a statement in the certificate that the
                           document or information must only be disclosed to the
                           ART; or
                 (b) the document, the matter contained in the document, or the
                     information was given to the Minister, or to an officer of the
                     Department, in confidence and section 375A does not apply
                     to the document or information.
          (2) Where, pursuant to a requirement of or under this Act or the ART
              Act, the Secretary gives to the ART a document or information to
              which this section applies, the Secretary:
               (a) shall notify the ART in writing that this section applies in
                    relation to the document or information; and
               (b) may give the ART any written advice that the Secretary
                    thinks relevant about the significance of the document or
                    information.
          (3) Where the ART is given a document or information and is notified
              that this section applies in relation to it, the ART:
                (a) may, for the purpose of the exercise of its powers, have
                     regard to any matter contained in the document, or to the
                     information; and
                (b) may, if the ART thinks it appropriate to do so having regard
                     to any advice given by the Secretary pursuant to
                     subsection (2), disclose any matter contained in the
                     document, or the information, to the applicant or to any other
                     person who has given oral or written evidence to the ART.