Commonwealth Consolidated Acts Commonwealth Consolidated ActsConsequences of certificate for pre - trial proceedings
(1) If, in a federal criminal proceeding, the Attorney - General gives a potential discloser a certificate under section 26 at any time during a part of the proceeding that occurs before the trial begins, then the certificate is conclusive evidence, during that part of the proceeding and any later part that occurs before the hearing mentioned in paragraph ( 3)(a) begins, that disclosure of the information in the proceeding is likely to prejudice national security.
Court hearing
(3) If, in a federal criminal proceeding, the Attorney - General gives a potential discloser a certificate under section 26 at any time during the proceeding, the court must:
(a) in any case where the certificate is given to the court before the trial begins--before the trial begins, hold a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information; or
(b) if subparagraph 26(1)(a)(i) or (iii) applies and the certificate is given to the court after the trial begins--continue the adjournment of the proceeding mentioned in subsection 24(5) or 25(8) for the purpose of holding a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information; or
(c) if subparagraph 26(1)(a)(ii) applies and the certificate is given to the court after the trial begins--adjourn the proceeding for the purpose of holding a hearing to decide whether to make an order under section 31 in relation to the disclosure of the information.
(4) If the Attorney - General revokes the certificate at any time while the proceeding is adjourned or the hearing is being held, the court must end the adjournment or the hearing.
(5) The closed hearing requirements apply to the hearing.