MIGRATION ACT 1958 - SECT 503C Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)--interim non - disclosure orders

MIGRATION ACT 1958 - SECT 503C

Notice of intention to apply for a permanent non - disclosure order

  (1)   At least 7 days before making an application for an order under subsection   503B(1) in relation to particular information, the Minister must give the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) written notice of the Minister's intention to make the application.

  (2)   A notice under subsection   (1) need not identify any of the attributes of the information.

Interim non - disclosure order

  (3)   If:

  (a)   a notice is given under subsection   (1); and

  (b)   the notice relates to the Minister's intention to make an application for an order under subsection   503B(1) in relation to particular information;

the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) considers appropriate for the purpose of ensuring that, in the event that the subsection   503B(1) application is made and the information is disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) in accordance with subsection   503B(6), the information is not divulged or communicated in circumstances that might, to any extent, undermine, prejudice or pre - empt:

  (c)   the consideration of the subsection   503B(1) application by the Federal Court or the Federal Circuit and Family Court of Australia (Division   2); or

  (d)   the Minister's consideration of whether to make a declaration under subsection   503A(3) authorising the disclosure of the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2).

  (4)   The orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) under subsection   (3) include:

  (a)   an order that some or all of the members of the public are to be excluded during the whole or a part of the hearing of the subsection   503B(1) application; or

  (b)   an order that no report of the whole of, or a specified part of, or relating to, the subsection   503B(1) application is to be published; or

  (c)   an order for ensuring that no person, without the consent of the Federal Court or the Federal Circuit and Family Court of Australia (Division   2), has access to a file or a record of the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) that contains the information.

  (5)   Subsection   (4) does not limit subsection   (3).

  (6)   The powers of the Federal Court under this section are to be exercised by a single Judge of that Court, and the powers of the Federal Circuit and Family Court of Australia (Division   2) under this section are to be exercised by a single Judge of that Court.

Variation or revocation of non - disclosure order

  (7)   The Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may, by order, vary or revoke an order made by it under subsection   (3) if both:

  (a)   the Minister; and

  (b)   the applicant in relation to the substantive proceedings concerned;

consent to the variation or revocation.

Offence

  (8)   A person commits an offence if:

  (a)   an order is in force under subsection   (3); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the order.

Penalty:   Imprisonment for 2 years.

Relationship to other laws

  (9)   This section has effect despite anything in:

  (a)   any other provision of this Act; or

  (b)   any other law of the Commonwealth.

Definition

  (10)   In this section:

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.