Document ID: chunk:federal_register_of_legislation:C2023A00033:clause:1_39ba:p2
Version: federal_register_of_legislation:C2023A00033
Segment Type: clause
Provision Reference: sch 1 cl 39BA (pt 2/4)
Character Range: 64796–67538

of conferring with the member concerning the conduct of the review with a view to identifying the matters in issue or otherwise facilitating the conduct of the proceedings.

Proceedings to be in private
 (7) The proceedings are to be in private and, subject to this section, the Tribunal is to determine which people may be present at any time.

Right of parties etc. to be present
 (8) Subject to subsections (9) and (12), the applicant and a person representing the applicant may be present when the Tribunal is hearing submissions made or evidence adduced by the Director‑General of Security or the relevant body.
 (9) The applicant and any person representing the applicant must not be present when the Tribunal is hearing submissions made or evidence adduced in relation to any part of a copy of any standard presented to the Tribunal under subsection (4) that has not already been disclosed to the applicant.
 (10) The Director‑General of Security or a person representing the Director‑General, and a person representing the relevant body, may be present when the Tribunal is hearing submissions made or evidence adduced by the applicant.

Security or defence certificate
 (11) The ASIO Minister may, by signed writing, certify that evidence proposed to be adduced or submissions proposed to be made by or on behalf of the Director‑General of Security or the relevant body are of such a nature that the disclosure of the evidence or submissions would be contrary to the public interest because it would prejudice security or the defence of Australia.
 (12) If such a certificate is given:
 (a) the applicant must not be present when the evidence is adduced or the submissions are made; and
 (b) a person representing the applicant must not be present when the evidence is adduced or the submissions are made unless the ASIO Minister consents.
 (13) A person representing the applicant commits an offence if:
 (a) the person is present when evidence to which a certificate given under subsection (11) relates is adduced or submissions to which such a certificate relates are made; and
 (b) the person discloses any such evidence or submission to the applicant or to any other person.
Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
Penalty: Imprisonment for 2 years.

Protection of identity of person giving evidence
 (14) If the Director‑General of Security so requests, the Tribunal must do all things necessary to ensure that the identity of a person giving evidence on behalf of the Director‑General of Security is not revealed.

Evidence and submissions
 (15) The Tribunal must first hear evidence adduced, and submissions made, by or