Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision E - Provisions relating to post-sentence order proceedings  

SECTION 105A.14B   Information excluded from application or material - national security information  

(1)    
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, (the recipient ) under subsection 105A.14A(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 take:

(a)    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 post-sentence order - the preliminary hearing referred to in section 105A.6 ; or

(ii) if the application is for an interim detention order - the hearing referred to in subsection 105A.9(1A) ; or

(iii) if the application is for an interim supervision order - the hearing referred to in subsection 105A.9A(2) ; or

(iv) if the application is for a variation or review of a post-sentence order, or for a variation of an interim post-sentence order - the hearing on the application.