# Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—interim non-disclosure orders

> act-s503C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

503C Protection of confidential information disclosed to Federal
         Court or Federal Circuit and Family Court of Australia
         (Division 2)—interim non-disclosure orders

               Notice of intention to apply for a permanent non-disclosure order
          (1) At least 7 days before making an application for an order under
              subsection 503B(1) in relation to particular information, the








               Minister must give the Federal Court or the Federal Circuit and
               Family Court of Australia (Division 2) written notice of the
               Minister’s intention to make the application.
          (2) A notice under subsection (1) need not identify any of the
              attributes of the information.

               Interim non-disclosure order
          (3) 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) in relation
                    to particular information;
              the Federal Court or the Federal Circuit and Family Court of
              Australia (Division 2) may, on application by the Minister, make
              such orders as the Federal Court or the Federal Circuit and Family
              Court of Australia (Division 2) 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 and Family Court of Australia
              (Division 2) in accordance with subsection 503B(6), the
              information is not divulged or communicated in circumstances that
              might, to any extent, undermine, prejudice or pre-empt:
                (c) the consideration of the subsection 503B(1) application by
                    the Federal Court or the Federal Circuit and Family Court of
                    Australia (Division 2); 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 and
                    Family Court of Australia (Division 2).
          (4) The orders of the Federal Court or the Federal Circuit and Family
              Court of Australia (Division 2) under subsection (3) 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
                   subsection 503B(1) application; or









                 (b) an order that no report of the whole of, or a specified part of,
                     or relating to, the subsection 503B(1) application is to be
                     published; or
                 (c) an order for ensuring that no person, without the consent of
                     the Federal Court or the Federal Circuit and Family Court of
                     Australia (Division 2), has access to a file or a record of the
                     Federal Court or the Federal Circuit and Family Court of
                     Australia (Division 2) that contains the information.
          (5) Subsection (4) does not limit subsection (3).
          (6) The powers of the Federal Court under this section are to be
              exercised by a single Judge of that Court, and the powers of the
              Federal Circuit and Family Court of Australia (Division 2) under
              this section are to be exercised by a single Judge of that Court.

               Variation or revocation of non-disclosure order
          (7) The Federal Court or the Federal Circuit and Family Court of
              Australia (Division 2) may, by order, vary or revoke an order made
              by it under subsection (3) if both:
                (a) the Minister; and
               (b) the applicant in relation to the substantive proceedings
                     concerned;
              consent to the variation or revocation.

               Offence
          (8) A person commits an offence if:
               (a) an order is in force under subsection (3); and
               (b) the person engages in conduct; and
               (c) the person’s conduct contravenes the order.
               Penalty: Imprisonment for 2 years.

               Relationship to other laws
          (9) This section has effect despite anything in:
               (a) any other provision of this Act; or








                 (b) any other law of the Commonwealth.

               Definition
         (10) In this section:
               engage in conduct means:
                (a) do an act; or
                (b) omit to perform an act.