Document ID: chunk:federal_register_of_legislation:C2004A01160:clause:1_503b:p1
Version: federal_register_of_legislation:C2004A01160
Segment Type: clause
Provision Reference: sch 1 cl 503B (pt 1/3)
Character Range: 6155–8961

503B  Protection of confidential information disclosed to the Federal Court or the Federal Magistrates Court—permanent non‑disclosure orders

Court may make non‑disclosure orders

 (1) If:
 (a) either:
 (i) information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B or 501C; or
 (ii) information is communicated to the Minister or an authorised migration officer in accordance with paragraph 503A(1)(a) or (b); and
 (b) the information is relevant to proceedings (the substantive proceedings) before the Federal Court or the Federal Magistrates Court that relate to section 501, 501A, 501B or 501C; and
 (c) no declaration is in force under subsection 503A(3) authorising the disclosure of the information to the Federal Court or the Federal Magistrates Court for the purposes of the substantive proceedings;
the Federal Court or the Federal Magistrates Court may, on application by the Minister, make such orders as the Federal Court or the Federal Magistrates Court considers appropriate for the purpose of ensuring that, in the event that such a declaration comes into force and the information is disclosed to the Federal Court or the Federal Magistrates Court, the information is not divulged or communicated to:
 (d) the applicant in relation to the substantive proceedings; or
 (e) the legal representative of the applicant in relation to the substantive proceedings; or
 (f) any other member of the public.

 (2) The Federal Court's or Federal Magistrates Court's orders under subsection (1) include:
 (a) an order that some or all of the members of the public are to be excluded during the whole or a part of the hearing of the substantive proceedings; or
 (b) an order that no report of the whole of, or a specified part of, or relating to, the substantive proceedings is to be published; or
 (c) an order for ensuring that no person, without the consent of the Federal Court or the Federal Magistrates Court, has access to a file or a record of the Federal Court or the Federal Magistrates Court 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, and the powers of the Federal Magistrates Court under this section are to be exercised by a single Federal Magistrate.

Criteria for making non‑disclosure order

 (5) In exercising its powers under subsection (1), the Federal Court or the Federal Magistrates Court 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