Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.10 - Community safety orders
View history note
Hide history noteThis 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.
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