Document ID: chunk:federal_register_of_legislation:C2022C00001:section:39a:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 39A (pt 2/2)
Character Range: 123831–125564

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, or is prepared to apply for, such a security clearance.

Secretary may advise the court that a party's legal representative etc. has not been given a security clearance etc.
 (6) If:
 (a) a party's legal representative or a person assisting the legal representative is not given a security clearance; or
 (b) a party's legal representative or a person assisting the legal representative 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:
 (i) advise the relevant party of the consequences of engaging a legal representative who has not been given a security clearance at the level considered appropriate by the Secretary in relation to the information; and
 (ii) recommend that the relevant party engage a legal representative who has been given, or is prepared to apply for, such a security clearance.

Notice given by Secretary not a legislative instrument
 (7) A notice given under subsection (1) is not a legislative instrument.

Part 5—Offences

Division 1—Offences relating to federal criminal proceedings