8Independent third party representatives—the Act, s 59B

8 Independent third party representatives—the Act, s 59B

8 Independent third party representatives—the Act, s 59B

(1) For the Act, section 59B(2), a person is of a prescribed kind if—

(a) the person is a retired judicial officer, or is qualified to be appointed as a judicial officer, of an Australian jurisdiction, and

(b) the Supreme Court is satisfied that the person understands the requirements imposed by or under a law of New South Wales or the Commonwealth in relation to accessing, storing, handling and destroying the terrorism intelligence concerned, and

(c) the Supreme Court is satisfied that the person will maintain the confidentiality of the terrorism intelligence concerned, and

(d) if the Supreme Court requires the person to be given a security clearance at an appropriate level by the Commonwealth—the person has been given the clearance.

(2) For the Act, section 59B(5), an independent third party must take reasonable steps to avoid any conflicts of interest, real or apparent, in connection with the exercise of the functions of an independent third party representative.