43Disclosure of evidence given at private hearing

43  Disclosure of evidence given at private hearing

Operationally sensitive information

 (1) If a witness gives evidence at a private hearing because of subsection 42(1), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

 (a) consult any law enforcement, security or oversight body to which the evidence relates and consider any information received from the body following the consultation; and

 (b) consider any potential risk of prejudice to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); and

 (c) consider the safety and security of any person.

Intelligence information

 (2) If a witness gives evidence at a private hearing because of subsection 42(2), the Commissioner must, before disclosing or using any evidence that witness has given at, or in relation to, the private hearing:

 (a) consult any Australian intelligence entity to which the evidence relates; and

 (b) consider any information received from the entity following the consultation.

Personal information, operationally sensitive information or intelligence information

 (3) If a witness gives evidence at a private hearing because of subsection 42(1), (2), (3) or (4), the Commissioner must, before disclosing or using any evidence the witness has given at, or in relation to, the private hearing:

 (a) consider consulting the witness, and any other person whose interests are affected by the evidence; and

 (b) consider any potential risk of prejudice to a person if the person is not consulted before using or disclosing information given at, or in relation to, a private hearing; and

 (c) consider any preference the witness communicates (whether before, during or after a private hearing) to the Commissioner in relation to consultation.

Division 3—Disclosure of information

Subdivision A—Disclosure of information to the Commissioner or entrusted persons