17Return and destruction of security classified documents

#### 17 Return and destruction of security classified documents (1) This section does not apply in relation to security classified documents that are in the possession of a court or a registry of a court. (2) This section: (a) has effect subject to the Archives Act 1983 and is not a requirement for the purposes of paragraph 24(2)(a) of that Act; and (b) has effect subject to any law of a State or Territory that makes provision in relation to the archiving of documents. > Note: This subsection preserves the operation of the Archives Act 1983 and equivalent State and Territory laws in relation to security classified documents to which those laws apply. This section will not apply in relation to the documents. (3) Subject to subsection (4), an authorised recipient who has custody or control of a security classified document that relates to a federal criminal proceeding or a civil proceeding must give the document to a representative of the Attorney‑General in the proceeding within 28 days after the conclusion of the proceeding. (4) If the authorised recipient is a legal representative who has ceased to act for a party in the proceeding, the recipient must, within 28 days after ceasing to act, give the security classified document to: (a) a representative of the Attorney‑General in the proceeding; or (b) the new legal representative (if any) of the party. (5) If, under subsection (3) or (4), a security classified document is given to a representative of the Attorney‑General in hard copy form, the representative must ensure that the document is destroyed in accordance with Commonwealth requirements. (6) If, under subsection (3) or (4), a security classified document is given to a representative of the Attorney‑General in electronic form, the representative must ensure that: (a) the document is deleted from the approved information and communications technology equipment on which it is stored, in accordance with Commonwealth requirements; and (b) as far as practicable, all record of the document is removed from that equipment, including, if necessary, by destroying all or part of the equipment in accordance with Commonwealth requirements. (7) If an authorised recipient gives a security classified document to a representative of the Attorney‑General under subsection (3) or (4), the authorised recipient may view: (a) the destruction of the document under subsection (5); or (b) the deletion of the document under subsection (6).