Charities Registration (Security Information) Act

Marginal note:Judicial consideration

6 The following provisions govern the determination:

• (a) the judge shall hear the matter;

• (b) the judge shall ensure the confidentiality of the information on which the certificate is based and of any other evidence that may be provided to the judge if, in the opinion of the judge, its disclosure would be injurious to national security or endanger the safety of any person;

• (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;

• (d) the judge shall, without delay after the matter is referred to the Federal Court, examine the information and any other evidence in private;

• (e) on each request of the Minister or the Minister of National Revenue, the judge shall hear all or part of the information or evidence in the absence of the applicant or registered charity named in the certificate and their counsel if, in the opinion of the judge, its disclosure would be injurious to national security or endanger the safety of any person;

• (f) the information or evidence described in paragraph (e) shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either

  • (i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of the summary, or

  • (ii) the matter is withdrawn;

• (g) the information or evidence described in paragraph (e) shall not be included in the summary but may be considered by the judge in determining whether the certificate is reasonable if the judge determines that the information or evidence is relevant but that its disclosure would be injurious to national security or endanger the safety of any person;

• (h) the judge shall provide the applicant or registered charity with a summary of the information or evidence that enables it to be reasonably informed of the circumstances giving rise to the certificate, but that does not include anything that in the opinion of the judge would be injurious to national security or endanger the safety of any person if disclosed;

• (i) the judge shall provide the applicant or registered charity with an opportunity to be heard; and

• (j) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.