Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_38i:p2
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 38I (pt 2/2)
Character Range: 32883–34830

the hearing; and
 (d) not make the record available to, nor allow the record to be accessed by, anyone except as mentioned in this section.

Copy of record to be given to the Attorney‑General etc.

 (6) If section 38K applies, the court must give a copy of the record to the Attorney‑General and his or her legal representative.

Request to vary record

 (7) If the Attorney‑General considers that:
 (a) allowing access to the record by:
 (i) a party who has been given a security clearance at the level considered appropriate by the Secretary but who has not engaged a legal representative; or
 (ii) any party's legal representative who has been given a security clearance at the level considered appropriate by the Secretary;
  will disclose information; and
 (b) the disclosure is likely to prejudice national security;
the Attorney‑General or his or her legal representative may request that the court vary the record so that the national security information will not be disclosed.

Decision by the court

 (8) The court must make a decision on the request.

Access to the record by a party or party's legal representative

 (9) The court must:
 (a) allow:
 (i) a party who has been given a security clearance at the level considered appropriate by the Secretary but who has not engaged a legal representative; or
 (ii) any party's legal representative who has been given a security clearance at the level considered appropriate by the Secretary;
  to have access to:
 (iii) the record as varied in accordance with this section, and if applicable, section 38J; or
 (iv) if subparagraph (iii) does not apply—the record;
  and to prepare documents or records in relation to the varied record or the record, in a way and at a place prescribed by the regulations for the purposes of this paragraph; and
 (b) not make the varied record available to, nor allow the varied record to be accessed by, anyone except as mentioned in this subsection.