Australian Security Intelligence Organisation Amendment Act 2023 (33 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Division 2   Amendments to other Acts

Administrative Appeals Tribunal Act 1975

41   After subsection 46(3)

Insert:

(3A) If the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) is sent:

(a) a copy of any standard (or part thereof) referred to in subsection 39C(2) of this Act; or

(b) a document containing any sensitive information referred to in subsection 39C(4);

the relevant court must, subject to this section, do all things necessary to ensure that the copy of any standard (or part thereof) or any information contained in it, or the sensitive information, is not disclosed to any person other than:

(a) a member of the court as constituted for the purposes of the proceeding; or

(b) the Director-General of Security or the Director-General's representative.

(3B) However, subsection (3A) does not apply in relation to disclosure to the person who was the applicant, or a person representing the person who was the applicant, in the proceedings before the Tribunal to the extent that the information:

(a) has already been lawfully disclosed to the person; or

(b) is disclosed to the person with the consent of the Director-General of Security.