Document ID: chunk:federal_register_of_legislation:C2023A00033:clause:1_39c:p2
Version: federal_register_of_legislation:C2023A00033
Segment Type: clause
Provision Reference: sch 1 cl 39C (pt 2/2)
Character Range: 73745–75319

than:
 (a) a member of the Tribunal as constituted for the purposes of the proceeding; or
 (b) the Director‑General of Security or the Director‑General's representative.
 (6) However, subsections (3) and (5) do not apply in relation to disclosure to the applicant or a person representing the applicant to the extent that the information:
 (a) has already been lawfully disclosed to the applicant; or
 (b) is disclosed to the applicant with the consent of the Director‑General of Security.
 (7) This section does not prevent the disclosure of a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), any information contained in it, or any sensitive information referred to in subsection (4) of this section to a member of the Tribunal's staff in the course of the performance of the staff member's duties.
 (8) This section excludes the operation, apart from this section, of any rules of law relating to the public interest that would otherwise apply in relation to the disclosure in a proceeding of a copy of any standard (or part thereof) presented to the Tribunal under subsection 39BA(4), any information contained in it, or any sensitive information referred to in subsection (4) of this section.
 (9) The Director‑General of Security may, in writing, authorise a person for the purposes of subsection (4) if the person is an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Australian Security Intelligence Organisation that is equivalent to or higher than a position occupied by an SES employee.