Protection of confidential information disclosed to Federal Court or Federal Circuit Court—interim non-disclosure orders

Offence title:

Protection of confidential information disclosed to Federal Court or Federal Circuit Court—interim non-disclosure orders

Act:

503C Migration Act 1958

Offence:

If:

(a) a notice is given under subsection (1); and

(b) the notice relates to the Minister’s intention to make an application for an order under subsection 503B(1) [confidential communication] in relation to particular information;

the Federal Court or the Federal Circuit Court may, on application by the Minister, make such orders as the Federal Court or the Federal Circuit Court considers appropriate for the purpose of ensuring that, in the event that the subsection 503B(1) application is made and the information is disclosed to the Federal Court or the

Federal Circuit Court in accordance with subsection 503B(6) [allowing the court to use the information in forming a judgment], the information is not divulged or communicated in circumstances that might, to any extent, undermine, prejudice or pre-empt: (c) the Federal Court’s or the Federal Circuit Court’s consideration of the subsection 503B(1) application; or (d) the Minister’s consideration of whether to make a declaration under subsection 503A(3) authorising the disclosure of the information to the Federal Court or the Federal Circuit Court.

In plain English the Federal Court or Federal Circuit Court could

receive information relating the Minister’s exercise of power to cancel a visa and the Minister can direct, neither the affected person, their lawyer or any member of the public be informed of the information.

A person commits an offence, if an order is in place to keep the information secret, and they engage in conduct and that conduct contravenes the order.

Penalty:

Imprisonment for 2 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

A court officer becomes aware of the secret information the Minister wishes to remain secret. The court officer makes a decision to release the information to the press and takes steps to make it happen.

Important note:

This section has effect despite any other provision in this Act or any other law of the Commonwealth.

“Engage in conduct” means to do an act or omit to perform an act.