Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision F - Provisions relating to community safety order proceedings  

SECTION 395.30   Information excluded from application or material - national security information  

(1)    
This section applies if the Immigration Minister, or a legal representative of the Immigration Minister, (the applicant ) gives a copy of an application or material to a serious offender, or a serious offender ' s legal representative, (the recipient ) under subsection 395.29(2) or (3) .

(2)    
The applicant is not required to include any information in the application or material if a Minister (the decision-maker ) is likely to:

(a)    take any actions in relation to the information under the National Security Information (Criminal and Civil Proceedings) Act 2004 ; or

(b)    seek an order of a court preventing or limiting disclosure of the information.

(3)    
However, the applicant must (subject to subsection (4) ) give the recipient personally a complete copy of the application or material if any of the following events occurs:

(a)    the decision-maker decides not to take any of the actions referred to in paragraph (2)(a) or (b) ;

(b)    a Minister gives a certificate under Subdivision C of Division 2 of Part 3A of the National Security Information (Criminal and Civil Proceedings) Act 2004 ;

(c)    a court makes an order in relation to any action taken by the decision-maker under paragraph (2)(a) or (b) .

(4)    
Subsection (3) is subject to:

(a)    the certificate referred to in paragraph (3)(b) ; or

(b)    any order made by a court.

(5)    
The copy of the application or material must be given under subsection (3) :

(a)    within 2 business days of the event referred to in subsection (3) ; and

(b)    within a reasonable period before:

(i) if the application is for a community safety order - the preliminary hearing referred to in section 395.9 ; or

(ii) if the application is for a variation or review of a community safety order - the hearing on the application.