241 Presentation of classified information to Tribunal


The Tribunal must be given access to classified information that—


was relied on to make a decision that is on appeal to the Tribunal; or


is first raised in the course of an appeal to, or a matter before, the Tribunal.


Before holding a substantive hearing on the appeal or matter, the Tribunal must hold a closed hearing at which the chief executive of the relevant agency makes a presentation on the classified information (a preliminary hearing).


The purpose of the preliminary hearing is not to enable the Tribunal to consider or determine the matters in section 243, but to enable the Tribunal, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant) to understand the classified information and to question—


the chief executive of the relevant agency about the information; or


if necessary, any other person from the relevant agency about the information.


The preliminary hearing may not occur before the date that is 28 days after the appellant or affected person is provided with the names of possible special advocates under section 265(2).


The content of the presentation is to be determined by the chief executive of the relevant agency.