Document ID: chunk:federal_register_of_legislation:C2004A01160:clause:1_503b:p2
Version: federal_register_of_legislation:C2004A01160
Segment Type: clause
Provision Reference: sch 1 cl 503B (pt 2/3)
Character Range: 8702–11660

powers under subsection (1), the Federal Court or the Federal Magistrates Court must have regard to all of the following matters:
 (a) the fact that the information was communicated, or originally communicated, to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information;
 (b) Australia's relations with other countries;
 (c) the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation and security intelligence;
 (d) in a case where the information was derived from an informant—the protection and safety of informants and of persons associated with informants;
 (e) the protection of the technologies and methods used (whether in or out of Australia) to collect, analyse, secure or otherwise deal with, criminal intelligence or security intelligence;
 (f) Australia's national security;
 (g) the fact that the disclosure of information may discourage gazetted agencies and informants from giving information in the future;
 (h) the effectiveness of the investigations of official inquiries and Royal Commissions;
 (i) the interests of the administration of justice;
 (j) such other matters (if any) as are specified in the regulations;
and must not have regard to any other matters.

Disclosure of information for the purposes of deciding whether or not to make a non‑disclosure order

 (6) If an application is made under subsection (1) in relation to particular information, subsections 503A(1) and (2) do not prevent the disclosure of the information to the Federal Court or the Federal Magistrates Court for the purposes of enabling the Federal Court or the Federal Magistrates Court to make a decision on the application.

 (7) If information is disclosed to the Federal Court or the Federal Magistrates Court under subsection (6):
 (a) the information is not to be treated as having been disclosed to the Federal Court or the Federal Magistrates Court for the purposes of the substantive proceedings; and
 (b) the information may only be considered by the Federal Court or the Federal Magistrates Court for the purposes of the substantive proceedings if a fresh disclosure of the information is made in accordance with a declaration under subsection 503A(3).

Variation or revocation of non‑disclosure order

 (8) The Federal Court or the Federal Magistrates Court may, by order, vary or revoke an order made by it under subsection (1) if both:
 (a) the Minister; and
 (b) the applicant in relation to the substantive proceedings;
consent to the variation or revocation.

Withdrawal of application for non‑disclosure order

 (9) The Minister may withdraw an application under subsection (1) at any time.

Declarations under subsection 503A(3)

 (10) This section does not prevent the Minister from making a declaration at any time under subsection 503A(3) authorising the disclosure of the information to the