Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p28
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 28/38)
Character Range: 88554–91340

Note: For giving documents to a serious offender who is detained in custody, see section 395.33.
 (3) If the Court seeks material from the Immigration Minister under paragraph 395.12(2)(a) or 395.25(7)(b), within 2 business days after the material is provided to the Court, the applicant must (subject to sections 395.30 to 395.32) give a copy of the material to the offender personally, and to the offender's legal representative.
 (4) If:
 (a) the community safety order is made or varied; and
 (b) neither the offender nor a legal representative of the offender is present during the proceedings in which the order is made or varied;
the applicant must (subject to sections 395.30 to 395.32), within 2 business days after the order is made or varied, give to the offender personally, and to the offender's legal representative, a copy of the order that is made, or of the order as varied.

395.30  Information excluded from application or material—national security information
 (1) This 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.

395.31  Information excluded from application or