Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p29
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 29/38)
Character Range: 91076–93921

application is for a community safety order—the preliminary hearing referred to in section 395.9; or
 (ii) if the application is for a variation or review of a community safety order—the hearing on the application.

395.31  Information excluded from application or material—public interest immunity
 (1) This section applies if:
 (a) the Immigration Minister, or a legal representative of the Immigration Minister, (the applicant) gives a copy of an application or material to a serious offender, or a serious offender's legal representative, under subsection 395.29(2) or (3); and
 (b) information (however described) is excluded from the application or material on the basis of public interest immunity.
 (2) The applicant must give written notice to the offender, and the offender's legal representative, personally stating that the information has been excluded on the basis of public interest immunity. The notice must be given at the time that a copy of the application or material is given to the offender or legal representative.
 (3) To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.
Note: The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.

395.32  Information excluded from application and material
 (1) This section applies if:
 (a) the Immigration Minister, or a legal representative of the Immigration Minister, (the applicant) is required to give a copy of an application or material to a serious offender, or a serious offender's legal representative, under subsection 395.29(2) or (3); and
 (b) the application or material contains any of the following material (relevant material):
 (i) terrorism material within the meaning of paragraph 105A.14D(1)(b);
 (ii) child abuse material within the meaning of Part 10.6;
 (iii) abhorrent violent material within the meaning of Subdivision H of Division 474.
 (2) The applicant may apply to the Supreme Court of a State or Territory referred to in subsection 395.29(1) for an order in relation to the manner in which the relevant material is to be dealt with.
 (3) The Court may make an order in relation to the manner in which the relevant material is to be dealt with, including that the relevant material:
 (a) be provided to the offender's legal representative; or
 (b) be available for inspection by the offender at specified premises.

395.33  Giving documents to serious offenders who are detained in custody
 (1) A document that is required to be given under this Division to a serious