Commonwealth Consolidated Acts

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NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 21

National security information hearings

  (1)   At any time during a federal criminal proceeding, the Attorney - General, the Attorney - General's legal representative, the prosecutor, the defendant or the defendant's legal representative may apply to the court for the court to hold a hearing to consider issues relating to the disclosure, protection, storage, handling or destruction, in the proceeding, of national security information, including:

  (a)   the making of an arrangement of the kind mentioned in section   22; and

  (b)   the giving of a notice under section   24.

  (1A)   As soon as possible after making the application, the applicant must notify each of the following that the application has been made:

  (a)   if the applicant is the Attorney - General or the Attorney - General's legal representative--the prosecutor, the defendant and the defendant's legal representative;

  (b)   if the applicant is the prosecutor--the Attorney - General, the defendant and the defendant's legal representative;

  (c)   if the applicant is the defendant or the defendant's legal representative--the Attorney - General and the prosecutor.

  (2)   The court must hold the hearing as soon as possible after the application is made.



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