Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38j:p1
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38J (pt 1/3)
Character Range: 91119–93923

38J  Special court orders in control order or extended supervision order proceedings

When this section applies
 (1) This section applies if:
 (a) the court has held a hearing required by subsection 38G(1) or 38H(6) about the disclosure of information in:
 (i) a proceeding under Division 104 of the Criminal Code relating to a request (the control order request) to the court to make, confirm or vary a control order in relation to a person (the relevant person); or
 (ii) a Division 105A ESO proceeding relating to an application (the relevant application) to make, vary or review an extended supervision order in relation to a terrorist offender (the relevant person); or
 (iii) a Division 105A ESO proceeding relating to an application (the relevant application) for a continuing detention order in relation to a terrorist offender (the relevant person); and
 (b) the Attorney‑General or the Attorney‑General's legal representative has requested the court to make an order under subsection (2), (3) or (4) of this section about the disclosure and consideration of the information in the proceeding; and
 (c) the court is satisfied that the relevant person has been given sufficient information about the allegations on which the control order request or relevant application was based to enable effective instructions to be given in relation to those allegations.
Note: For the definition of Division 105A ESO proceeding, see section 7.
 (1A) To avoid doubt, the court may not make an order under subsection (2), (3) or (4) if the proceeding mentioned in subparagraph (1)(a)(iii) is a proceeding:
 (a) relating to an application for a continuing detention order if:
 (i) the court is considering whether to make the order under section 105A.7 of the Criminal Code; or
 (ii) the court is considering whether to make an interim supervision order under section 105A.9A of the Code as mentioned in paragraph 105A.9(8)(b) of the Code; or
 (b) relating to an application for an interim detention order under section 105A.9 of the Code.

Non‑disclosure certificate hearings
 (2) If the hearing was required by subsection 38G(1) and the information is in the form of a document, the court may order under this subsection that:
 (a) the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):
 (i) any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;
 (ii) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;
 (iii) any other specified person; and
 (b) those persons may disclose in the proceeding:
 (i) a copy of the document with the information deleted; or
 (ii) a copy of the