NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 24 Notification of expected disclosure of national security information
NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 24
Notification of expected disclosure of national security information(1) If the prosecutor, the defendant or the defendant's legal representative knows or believes that:
(a) he or she will disclose national security information in a federal criminal proceeding; or
(b) a person whom he or she intends to call as a witness in a federal criminal proceeding will disclose national security information in giving evidence or by the person's mere presence; or
(c) on his or her application, the court has issued a subpoena to, or made another order in relation to, another person who, because of that subpoena or order, is required (other than as a witness) to disclose national security information in a federal criminal proceeding;
then he or she must, as soon as practicable, give the Attorney - General notice in writing of that knowledge or belief.
Note 1: Failure to give notice as required by this subsection is an offence in certain circumstances: see section 42.
Note 2: Section 25 deals with the situation where the prosecutor, the defendant or the defendant's legal representative knows or believes that information that will be disclosed in a witness's answer is national security information.
When not required to give notice
(1A) However, a person need not give notice about the disclosure of information under subsection ( 1) if:
(a) another person has already given notice about the disclosure of the information under that subsection; or
(b) the disclosure of the information:
(i) is the subject of a certificate given to the person under section 26 and the certificate still has effect; or
(ii) is the subject of an order that is in force under section 22 or 31; or
(c) the disclosure of the information by the witness to be called:
(i) is the subject of a certificate given to the person under section 28 and the certificate still has effect; or
(ii) is the subject of an order that is in force under section 22 or 31; or
(d) the Attorney - General has given the person advice about the disclosure of the information under subsection 26(7) or 28(10).
(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) A person who gives notice under subsection ( 1) must also advise the following, in writing, that notice has been given to the Attorney - General:
(a) if the person is the prosecutor:
(ii) the defendant; and
(iii) the defendant's legal representative; and
(iv) any other person mentioned in paragraph ( 1)(b) or (c); and
(b) if the person is the defendant or the defendant's legal representative:
(ii) the prosecutor; and
(iii) any other person mentioned in paragraph ( 1)(b) or (c).
Note: Failure to give advice as required by this subsection is an offence in certain circumstances: see section 42.
(4) The advice must include a description of the information, unless the advice is being given by the defendant or the defendant's legal representative to the prosecutor.
Note: A contravention of this subsection is an offence in certain circumstances: see section 42.
Adjournment to allow sufficient time for Attorney - General to act on the notice
(5) On receiving the advice, the court must adjourn so much of the proceeding as is necessary to ensure that the information is not disclosed. The court must continue the adjournment until the Attorney - General:
(a) gives a copy of a certificate to the court under subsection 26(4) or 28(3); or
(b) gives advice to the court under subsection 26(7) or
28(10) (which applies if a decision is made not to give a certificate).