Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38j:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38J (pt 2/3)
Character Range: 93688–96371

certificate have been disclosed for the purposes of the hearing;
 (iii) any other specified person; and
 (b) those persons may disclose in the proceeding:
 (i) a copy of the document with the information deleted; or
 (ii) a copy of the document with the information deleted and a summary of the information, as set out in the order, attached to the document; or
 (iii) a copy of the document with the information deleted and a statement of facts, as set out in the order, that the information would, or would be likely to, prove attached to the document;
  (which disclosure may or may not be the same as was permitted in the certificate); and
 (c) the information may be disclosed to the court in the proceeding; and
 (d) the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and
 (e) the relevant person and the relevant person's legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and
 (f) if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been disclosed to the relevant person or the relevant person's legal representative.
 (3) If the hearing was required by subsection 38G(1), the court may, regardless of the form of the information, order under this subsection that:
 (a) any of the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):
 (i) any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;
 (ii) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;
 (iii) any other specified person; and
 (b) the information may be disclosed to the court in the proceeding; and
 (c) the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and
 (d) the relevant person and the relevant person's legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and
 (e) if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been