Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 32

Requirement to give reasons

  (1)   The court must give a written statement of its reasons for making an order under section   31 to the following people:

  (a)   the person who is the subject of the order;

  (b)   the prosecutor;

  (c)   the defendant;

  (d)   any legal representative of the defendant;

  (e)   the Attorney - General and any legal representative of the Attorney - General.

Copy of proposed statement to be given to prosecutor etc.

  (2)   Before the court gives its statement under subsection   ( 1), the court must give a copy of the proposed statement to the prosecutor and the Attorney - General (each of whom is a statement recipient ).

Statement recipient may request variation of proposed statement

  (3)   If a statement recipient considers that giving the proposed statement will disclose information and the disclosure is likely to prejudice national security, the statement recipient may request that the court vary the proposed statement so that the information will not be disclosed.

Court's decision

  (4)   The court must make a decision on the request.