Criminal Code Act 1995

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).

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

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

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

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:

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

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

Subsection (3) is subject to:

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

any order made by a court.

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

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

within a reasonable period before:

if the application is for a community safety order—the preliminary hearing referred to in section 395.9; or

if the application is for a variation or review of a community safety order—the hearing on the application.