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

Offence title:

 

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

 

Act:

 

503B Migration Act 1958

Offence:

If, either

(a)   Information is confidentially communicated to a authorised migration officer by a gazetted agency, and is relevant to the exercise of power under 501, 501A, 501B, 501BA, 501C or 501CA; or

(b)   Information is communicated to the Minister or an authorised migration officer in accordance with 501A(1)(a) or (); and

(c)    The information is relevant to a substantive proceeding before the Federal Court or Federal Circuit Court and relate to 501, 501A, 501B, 501BA, 501C or 501CA; and

(d)   No declaration is made under 503A(3), authorising disclosure to the Federal Court or Federal Circuit Court for the purposes of the substantive proceeding;

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 such a declaration comes into force and the information is disclosed to the Federal Court or the Federal Circuit 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.

 

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.

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