Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 24

             (1)  If the prosecutor or defendant knows or believes that:

                     (a)  he or she will disclose, in a federal criminal proceeding, information that relates to national security; or

                     (b)  he or she will disclose information in a federal criminal proceeding and the disclosure may affect national security; or

                     (c)  a person whom the prosecutor or defendant intends to call as a witness in a federal criminal proceeding will disclose information in giving evidence or by his or her mere presence and:

                              (i)  the information relates to national security; or

                             (ii)  the disclosure may affect national security;

the prosecutor or defendant must, as soon as practicable, give the Attorney‑General notice in writing of that knowledge or belief.

Note:          Section 25 deals with the situation where the prosecutor or defendant knows or believes that a disclosure by a witness in answering a question may relate to or affect national security.

Requirements for notice

             (2)  The notice must:

                     (a)  be in the prescribed form; and

                     (b)  if paragraph (c) does not apply—include a description of the information; and

                     (c)  if the information is contained in a document—be accompanied by a copy of the document or by an extract from the document, that contains the information.

Informing the court etc. of an expected disclosure

             (3)  The prosecutor or defendant must also advise, in writing, the court, the other party and any person to whom paragraph (1)(c) applies that notice has been given to the Attorney‑General. The advice must include a description of the information.

Note:          Failure to give notice or advice as required by this section is an offence: see section 42.

Adjournment to allow sufficient time for Attorney‑General to act on the notice

             (4)  On receiving the advice, the court must order that the proceeding be adjourned until the Attorney‑General gives a copy of a certificate to the court under subsection 26(4) or gives advice to the court under subsection 26(7) (which applies if a decision is made not to give a certificate).