Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 19

Power of a court in a federal criminal proceeding

             (1)  The power of a court to control the conduct of a federal criminal proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.

Consideration of a matter in relation to closed hearings in a federal criminal proceeding not to prevent later stay order

             (2)  An order under section 31 does not prevent the court from later ordering that the federal criminal proceeding be stayed on a ground involving the same matter, including that an order made under section 31 would have a substantial adverse effect on a defendant’s right to receive a fair hearing.

Power of a court in a civil proceeding

             (3)  The power of a court to control the conduct of a civil proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.

Consideration of a matter in relation to closed hearings in a civil proceeding not to prevent later stay order

             (4)  An order under section 38L does not prevent the court from later ordering that the civil proceeding be stayed on a ground involving the same matter, including that an order made under section 38L would have a substantial adverse effect on the substantive hearing in the proceeding.

Factors to be considered when deciding whether to order a stay of a civil proceeding

             (5)  In deciding whether to order a stay of the civil proceeding, the court must consider:

                     (a)  the extent of any financial loss that a party would suffer as a result of the proceeding being stayed; and

                     (b)  whether a party has reasonable prospects of obtaining a remedy in the proceeding; and

                     (c)  any other matter the court considers relevant.