Commonwealth Consolidated Acts Commonwealth Consolidated ActsPower of a court in a federal criminal proceeding
(1) The power of a court to control the conduct of a federal criminal proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.
(1A) In addition to the powers of a court under this Act in a federal criminal proceeding, the court may make such orders as the court considers appropriate in relation to the disclosure, protection, storage, handling or destruction, in the proceeding, of national security information if:
(a) the court is satisfied that it is in the interest of national security to make such orders; and
(b) the orders are not inconsistent with this Act; and
(c) the orders are not inconsistent with regulations made under this Act.
(1B) Paragraph ( 1A)(c) does not apply to orders made on an application by the Attorney - General or a representative of the Attorney - General for the orders.
Consideration of a matter in relation to closed hearings in a federal criminal proceeding not to prevent later stay order
(2) An order under section 31 does not prevent the court from later ordering that the federal criminal proceeding be stayed on a ground involving the same matter, including that an order made under section 31 would have a substantial adverse effect on a defendant's right to receive a fair hearing.
Power of a court in a civil proceeding
(3) The power of a court to control the conduct of a civil proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.
(3A) In addition to the powers of a court under this Act in a civil proceeding, the court may make such orders as the court considers appropriate in relation to the disclosure, protection, storage, handling or destruction, in the proceeding, of national security information if:
(a) the court is satisfied that it is in the interest of national security to make such orders; and
(b) the orders are not inconsistent with this Act; and
(c) the orders are not inconsistent with regulations made under this Act.
(3B) Paragraph ( 3A)(c) does not apply to orders made on an application by the Attorney - General or a representative of the Attorney - General for the orders.
Consideration of a matter in relation to closed hearings in a civil proceeding not to prevent later stay order
(4) An order under section 38J or 38L does not prevent the court from later ordering that the civil proceeding be stayed on a ground involving the same matter, including that an order made under section 38J or 38L would have a substantial adverse effect on the substantive hearing in the proceeding.
Factors to be considered when deciding whether to order a stay of a civil proceeding
(5) In deciding whether to order a stay of the civil proceeding, the court must consider:
(a) the extent of any financial loss that a party would suffer as a result of the proceeding being stayed; and
(b) whether a party has reasonable prospects of obtaining a remedy in the proceeding; and
(c) any other matter the court considers relevant.