Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 36

  (1)   If the court makes an order under section   31, the prosecutor may apply to the court for an adjournment of the federal criminal proceeding to allow time for the prosecutor to:

  (a)   decide whether to appeal against the court order or to withdraw the proceeding; and

  (b)   if the prosecutor decides to do so--make the appeal or withdrawal.

  (2)   If the court makes an order under section   31, the defendant may apply to the court for an adjournment of the federal criminal proceeding to allow time for the defendant to:

  (a)   decide whether to appeal against the court order; and

  (b)   if the defendant decides to do so--make the appeal.

  (3)   The court must grant the adjournment.