Document ID: chunk:federal_register_of_legislation:C2024C00800:section:503b:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 503B (pt 2/3)
Character Range: 1309445–1312298

that contains the information.
 (3) Subsection (2) does not limit subsection (1).
 (4) The powers of the Federal Court under this section are to be exercised by a single Judge of that Court, and the powers of the Federal Circuit and Family Court of Australia (Division 2) under this section are to be exercised by a single Judge of that Court.

Criteria for making non‑disclosure order
 (5) In exercising its powers under subsection (1), the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) 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 Circuit and Family Court of Australia (Division 2) for the purposes of enabling the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) to make a decision on the application.
 (7) If information is disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under subsection (6):
 (a) the information is not to be treated as having been disclosed to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the substantive proceedings; and
 (b) the information may only be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the substantive proceedings if a fresh disclosure of the information is made in