Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 16   Dealing with national security information in proceedings

National Security Information (Criminal and Civil Proceedings) Act 2004

6   Subsection 38C(2)

Repeal the subsection, substitute:

(2) Regulations prescribing a matter described in paragraph (1)(a) or (b) of this section apply in relation to national security information disclosed, or to be disclosed, in a civil proceeding only if:

(a) there is not an order in force under section 38B relating to that information; or

(b) there is an order in force under section 38B relating to that information but the order does not deal with that matter.

Example: Suppose regulations made for the purpose of subsection (1) of this section deal with ways of storing, handling and destroying information, and an order is in force under section 38B dealing with storing and handling, but not destroying, particular information. The regulations do not apply to the storage and handling of the information dealt with by the order, but that information must be destroyed in accordance with the regulations.