Commonwealth Consolidated Acts Commonwealth Consolidated ActsNon - disclosure certificate hearings
(1) After holding a hearing required under subsection 27(3) in relation to the disclosure of information in a federal criminal proceeding, the court must make an order under one of subsections ( 2), (4) and (5) of this section.
(2) If the information is in the form of a document, the court may order under this subsection that:
(a) any person to whom the certificate mentioned in subsection 26(2) or (3) was given in accordance with that subsection; and
(b) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing; and
(c) any other specified person;
must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise), but may, subject to subsection ( 3), disclose (which disclosure may or may not be the same as was permitted in the Attorney - General's certificate) in the proceeding:
(d) a copy of the document with the information deleted; or
(e) a copy of the document with the information deleted and a summary of the information, as set out in the order, attached to the document; or
(f) a copy of the document with the information deleted and a statement of facts, as set out in the order, that the information would, or would be likely to, prove attached to the document.
(3) If the court makes an order under subsection ( 2), the copy of the document is admissible in evidence if, apart from the order, it is admissible. However if:
(a) a person who is the subject of the order seeks to adduce evidence of the contents of the document; and
(b) the contents of the document are admissible in evidence in the proceeding;
the person may adduce evidence of the contents of the document by tendering the copy, or the copy and the summary or statement, mentioned in that subsection.
(4) The court may, regardless of the form of the information, order under this subsection that:
(a) any person to whom the certificate mentioned in subsection 26(2) or (3) was given in accordance with that subsection; and
(b) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing; and
(c) any other specified person;
must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise).
(5) The court may, regardless of the form of the information, order under this subsection that any person may disclose the information in the proceeding. However, the information is only admissible in evidence in the proceeding if, apart from the order, it is admissible.
Witness exclusion certificate hearings
(6) After holding a hearing required under subsection 28(5), the court must order that:
(a) the prosecutor , the defendant or the defendant's legal representative must not call the person as a witness in the federal criminal proceeding; or
(b) the prosecutor , the defendant or the defendant's legal representative may call the person as a witness in the federal criminal proceeding.
Factors to be considered by court
(7) The Court must, in deciding what order to make under this section, consider the following matters:
(a) whether, having regard to the Attorney - General's certificate, there would be a risk of prejudice to national security if:
(i) where the certificate was given under subsection 26(2) or (3)--the information were disclosed in contravention of the certificate; or
(ii) where the certificate was given under subsection 28(2)--the witness were called;
(b) whether any such order would have a substantial adverse effect on the defendant's right to receive a fair hearing, including in particular on the conduct of his or her defence;
(c) any other matter the court considers relevant.
(8) In making its decision, the Court must give greatest weight to the matter mentioned in paragraph ( 7)(a).