Commonwealth Consolidated Acts

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NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 35

Consequence of certain court orders

             (1)  If:

                     (a)  in accordance with paragraph 27(3)(a), the court holds a hearing to decide whether to make an order under section 31 in relation to information described in a certificate given to the court before the trial in a federal criminal proceeding began; and

                     (b)  after holding the hearing, the court makes an order under subsection 31(5) that any person may disclose the information;

the order does not have the effect that there are grounds for re‑conducting any part of the proceeding that took place before the trial began.

             (2)  If:

                     (a)  in accordance with paragraph 28(5)(a), the court holds a hearing to decide whether to make an order under section 31 in relation to the calling of a witness that is the subject of a certificate given to the court before the trial in a federal criminal proceeding began; and

                     (b)  after holding the hearing, the court makes an order under paragraph 31(6)(b) that the person may be called as a witness;

the order does not have the effect that there are grounds for re‑conducting any part of the proceeding that took place before the trial began.



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