Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_38f:p2
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 38F (pt 2/2)
Character Range: 22665–25274

summary or statement; or
 (b) a certificate that describes the information and states that the potential discloser must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise).

Certificate may be given at same time as notice is given under section 6A

 (4) If subparagraph (1)(a)(ii) applies in respect of the proceeding, the certificate may be given at the same time as notice is given under section 6A that this Act applies to the proceeding.

Copy of certificate must be given to the court

 (5) The Attorney‑General must give the court a copy of:
 (a) in any case—the certificate; and
 (b) if paragraph (2)(a) applies—the source document, the document mentioned in subparagraph (2)(a)(i), (ii) or (iii) and the summary or statement mentioned in subparagraph (2)(a)(ii) or (iii); and
 (c) if paragraph (3)(a) applies—the summary or statement mentioned in that paragraph.

Duration of a certificate

 (6) The certificate ceases to have effect when:
 (a) the court makes an order under section 38B about the disclosure, in the proceeding, of information that is the subject of the certificate, unless the certificate is revoked by the Attorney‑General before then; or
 (b) any order by the court under section 38L on the hearing in relation to the certificate ceases to be subject to appeal, unless the certificate is revoked by the Attorney‑General before then.

Attorney‑General may decide not to give a certificate

 (7) If the Attorney‑General decides not to do as mentioned in subsection (2) or (3), the Attorney‑General must, in writing, advise each potential discloser and the court of his or her decision.

Certificate and written advice are not legislative instruments

 (8) A certificate given under subsection (2) or (3) and a written advice given under subsection (7) are not legislative instruments for the purposes of the Legislative Instruments Act 2003.

Definition of potential discloser

 (9) Each of the following persons is a potential discloser of the information in the proceeding:
 (a) any of the following persons:
 (i) if subparagraph (1)(a)(i) or (ii) applies and the disclosure is by a party to the proceeding—the party; or
 (ii) if subparagraph (1)(a)(i) or (ii) applies and the disclosure is by a person other than a party to the proceeding—the relevant party and the other person; or
 (iii) if subparagraph (1)(a)(iii) applies—the parties to the proceeding and the witness mentioned in that subparagraph; and
 (b) if a party to the proceeding is a potential discloser under paragraph (a)—the party's legal representative.