Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 25

Witness expected to disclose information in giving evidence

             (1)  This section applies if:

                     (a)  a witness is asked a question in giving evidence in a federal criminal proceeding; and

                     (b)  the prosecutor or defendant knows or believes that:

                              (i)  information that will be disclosed in the witness’s answer relates to national security; or

                             (ii)  the disclosure of information in the witness’s answer may affect national security.

             (2)  The prosecutor or defendant must advise the court of that knowledge or belief.

Note:          Failure to advise the court is an offence: see section 42.

Court must hold hearing

             (3)  The court must adjourn the proceeding and hold a hearing.

             (4)  The closed hearing requirements apply.

             (5)  At the hearing, the witness must give the court a written answer to the question. The court must show the answer to the prosecutor.

Prosecutor must give notice to Attorney‑General etc.

             (6)  If the prosecutor knows or believes that, if the written answer were to be given in evidence in the proceeding:

                     (a)  the information that would be disclosed in the witness’s answer relates to national security; or

                     (b)  the disclosure of information in the witness’s answer may affect national security;

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

Note:          Failure to advise the court or to notify the Attorney‑General is an offence: see section 42.

Court must adjourn proceeding

             (7)  If the court is advised under subsection (6), it 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).