Criminal Code Act 1995

This section applies if:

the AFP Minister, or a legal representative of the AFP Minister, (the applicant) gives a copy of an application or material to a terrorist offender, or a terrorist offender’s legal representative, under subsection 105A.14A(2) or (3); and

information (however described) is excluded from the application or material on the basis of public interest immunity.

The applicant must give written notice to the offender, and the offender’s legal representative, personally stating that the information has been excluded on the basis of public interest immunity. The notice must be given at the time that a copy of the application or material is given to the offender or legal representative.

To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.

The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.