Document ID: chunk:federal_register_of_legislation:C2024C00800:section:503b:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 503B (pt 1/3)
Character Range: 1306942–1309673

503B  Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—permanent non‑disclosure orders

Court may make non‑disclosure orders
 (1) If:
 (a) either:
 (i) information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; or
 (ii) information is communicated to the Minister or an authorised migration officer in accordance with paragraph 503A(1)(a) or (b); and
 (b) the information is relevant to proceedings (the substantive proceedings) before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) that relate to section 501, 501A, 501B, 501BA, 501C or 501CA; and
 (c) no declaration is in force under subsection 503A(3) authorising the disclosure of the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the substantive proceedings;
the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) considers appropriate for the purpose of ensuring that, in the event that such a declaration comes into force and the information is disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), the information is not divulged or communicated to:
 (d) the applicant in relation to the substantive proceedings; or
 (e) the legal representative of the applicant in relation to the substantive proceedings; or
 (f) any other member of the public.
 (2) The orders of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (1) include:
 (a) an order that some or all of the members of the public are to be excluded during the whole or a part of the hearing of the substantive proceedings; or
 (b) an order that no report of the whole of, or a specified part of, or relating to, the substantive proceedings is to be published; or
 (c) an order for ensuring that no person, without the consent of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), has access to a file or a record of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) that contains the information.
 (3) Subsection (2) does not limit subsection (1).
 (4) The powers of the Federal Court under this section are to be exercised by a single Judge of that Court, and the powers of the Federal Circuit