Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 38M

Requirement to give reasons

  (1)   The court must give a written statement of its reasons for making an order under section   38J or   38L to the following people:

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

  (b)   the parties to the proceeding;

  (c)   the parties' legal representatives;

  (d)   the Attorney - General and his or her legal representative.

Copy of proposed statement to be given to the Attorney - General etc.

  (2)   Before the court gives its statement under subsection   ( 1), the court must give a copy of the proposed statement to the Attorney - General and his or her legal representative.

Request to vary proposed statement

  (3)   If the Attorney - General considers that giving the proposed statement will disclose information and the disclosure is likely to prejudice national security, the Attorney - General or his or her legal representative 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.

Special advocate

  (5)   The court must give a written statement of its reasons for making an order under section   38J or 38L to any special advocate of a party to the proceeding.

Note:   Subsections   ( 2) to (4) of this section do not apply to the statement the court gives to the special advocate.