Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_120:p2
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 120 (pt 2/3)
Character Range: 97492–100294

(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 post‑sentence order—the preliminary hearing referred to in section 105A.6; or
 (ii) if the application is for an interim detention order—the hearing referred to in subsection 105A.9(1A); or
 (iii) if the application is for an interim supervision order—the hearing referred to in subsection 105A.9A(2); or
 (iv) if the application is for a variation or review of a post‑sentence order, or for a variation of an interim post‑sentence order—the hearing on the application.

105A.14C  Information excluded from application or material—public interest immunity
 (1) This section applies if:
 (a) the AFP Minister, or a legal representative of the AFP Minister, (the applicant) gives a copy of an application or material to a terrorist offender, or a terrorist offender's legal representative, under subsection 105A.14A(2) or (3); and
 (b) information (however described) is excluded from the application or material on the basis of public interest immunity.
 (2) The applicant must give written notice to the offender, and the offender's legal representative, personally stating that the information has been excluded on the basis of public interest immunity. The notice must be given at the time that a copy of the application or material is given to the offender or legal representative.
 (3) To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.
Note: The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.

105A.14D  Information excluded from application and material—terrorism material
 (1) This section applies if:
 (a) the AFP Minister, or a legal representative of the AFP Minister, (the applicant) is required to give a copy of an application or material to a terrorist offender, or a