2019

The Parliament of the

Commonwealth of Australia

THE SENATE

Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019

(Government)

(1)     Schedule 2, item 16, page 12 (after line 12), after subsection 105A.5(9), insert:

           (10)  To avoid doubt, nothing in this section imposes an obligation on the offender to satisfy the Court that a claim of public interest immunity should not be upheld.

Note:          The offender may seek to access any information, material or facts that are likely to be protected by public interest immunity (for example, through a subpoena). Under the law of public interest immunity, the person claiming the immunity must make and substantiate the claim, and satisfy the Court that the claim should be upheld.

[public interest immunity]