Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_39a:p1
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 39A (pt 1/2)
Character Range: 43357–46092

39A  Security clearance for parties etc. to a civil proceeding

 (1) This section applies if, in a civil proceeding, the Secretary of the Attorney‑General's Department gives written notice to any of the following persons:
 (a) a party to the proceeding;
 (b) a party's legal representative;
 (c) a person assisting a party's legal representative;
that in the proceeding an issue is likely to arise relating to a disclosure, of information in the proceeding, that is likely to prejudice national security.

Person may apply for security clearance

 (2) A person who receives a notice under subsection (1) may apply to the Secretary for a security clearance by the Department at the level considered appropriate by the Secretary in relation to the information.

Note 1: Security clearances are given in accordance with the Australian Government Protective Security Manual.

Note 2: If the person does not obtain the security clearance, anyone who discloses such information to the person will, except in limited circumstances, commit an offence under section 46G.

Adjournment to allow sufficient time for a person to be given security clearance

 (3) A party to the proceeding may apply to the court for a deferral or adjournment of the proceeding to allow time for:
 (a) a person who receives a notice under subsection (1) to apply for and be given a security clearance by the Department at the level considered appropriate by the Secretary in relation to the information; or
 (b) if the party's legal representative is not given such a security clearance—another legal representative to apply for and be given such a security clearance.

 (4) The court must defer or adjourn the proceeding accordingly.

Secretary may advise the court that a party has not been given a security clearance

 (5) If:
 (a) a party is not given a security clearance; or
 (b) a party does not apply for the security clearance within 14 days after the day on which the notice is received, or within such further period as the Secretary allows;
then:
 (c) the Secretary may advise the court of the fact; and
 (d) the court may advise the party of the consequences of not being given a security clearance by the Department at the level considered appropriate by the Secretary in relation to the information and:
 (i) if the party is not given a security clearance and has not engaged a legal representative—recommend that the party engage a legal representative who has been given, or is prepared to apply for, such a security clearance; or
 (ii) if the party has not applied for the security clearance and has not engaged a legal representative—recommend that the party apply for the security clearance or engage a legal representative who has been given,