9Public Interest Advocate to prepare submissions

9 Public Interest Advocate to prepare submissions

Submission to be prepared (1) If subparagraph 8(1)(b)(i) applies, the relevant Public Interest Advocate must prepare a submission relating to the proposed request by the Director‑General of Security or application by an enforcement agency, and endeavour to do so within a reasonable period, but no later than 7 days after being given the proposed request or application. (2) The Public Interest Advocate must include in the submission the facts and considerations he or she considers: (a) are relevant to one or both of the following: (i) the decision whether to issue a journalist information warrant (including any facts and considerations which support the conclusion that a journalist information warrant should not be issued); (ii) the decision about the conditions or restrictions (if any) that are to be specified in the warrant; and (b) have not been satisfactorily addressed in the proposed request by the Director‑General of Security or application by the enforcement agency. (3) Subregulation (2) does not limit the facts or considerations that the Public Interest Advocate may include in his or her submission. (4) In determining what is a reasonable period to prepare the submission, the Public Interest Advocate must take into account: (a) the time that could reasonably be expected to be required to prepare the submission; and (b) the gravity of the matter in relation to which the proposed request or application relates; and (c) the urgency of the circumstances in which the proposed request or application is made; and (d) any other matter that the Public Interest Advocate considers relevant. Copy of submission to be given to relevant person (5) The Public Interest Advocate must, as soon as reasonably practicable, provide a copy of the submission to: (a) in the case of a proposed request by the Director‑General of Security—the Director‑General of Security; and (b) in the case of a proposed application by an enforcement agency—the following: (i) if the Public Interest Advocate knows the identity of the person who proposes to make the application on behalf of the enforcement agency and that person is available—that person; (ii) in any other case—the chief officer of the enforcement agency that is proposing to make the application. Submission to take into account further information (6) If: (a) further information is given to: (i) the Minister in relation to a request by the Director‑General of Security; or (ii) the relevant Part 4‑1 issuing authority in relation to an application by an enforcement agency; and (b) a Public Interest Advocate is also given the further information or a summary of it; and (c) subparagraph 8(1)(b)(i) applies; the Public Interest Advocate must update the submission, or prepare a new submission, relating to the request or application taking into account the further information or summary. (7) The Public Interest Advocate must endeavour to update the submission, or prepare the new submission, within a reasonable period, but no later than 7 days after being given the further information or summary. (8) Subregulations (2) to (5) apply in relation to updating the submission or preparing the new submission. Late submissions (9) If a Public Interest Advocate provides a copy of the submission, or updated submission, after the end of the 7 day period mentioned in subregulation (1) or (7), the Minister or Part 4‑1 issuing authority may consider the late submission or updated submission.