Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38c
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38C
Character Range: 65924–67387

38C  Protection of national security information disclosed in a civil proceeding
 (1) The regulations may prescribe:
 (a) ways in which national security information that is disclosed, or to be disclosed, in a civil proceeding must be stored, handled or destroyed; and
 (b) ways in which, and places at which, such information may be accessed and documents or records relating to such information may be prepared.
 (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.

Division 2—Attorney‑General's certificates for protection of information in civil proceedings

Subdivision A—Notifying Attorney‑General etc. of expected disclosure in civil proceedings