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GENEVA CONVENTIONS ACT 1957 - SECT 10A Court may determine whether person is a protected prisoner of war

GENEVA CONVENTIONS ACT 1957 - SECT 10A

Court may determine whether person is a protected prisoner of war

  (1)   A person referred to in paragraph   1 or 2 of Article 45 of Protocol I may apply to the Supreme Court of the State or Territory in which the person is held in custody for a declaration that he or she has the status of a protected prisoner of war.

  (2)   The jurisdiction of a Court for the purposes of this section is constituted by a single Judge.

  (3)   Subject to subsection   ( 4), the jurisdiction of the Court is to be exercised in open court.

  (4)   The Court may order the exclusion of the public or persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or those persons, as the case may be, would be contrary to the interests of justice or would not be in the public interest.