Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 38A

             (1)  Before the substantive hearing in a civil proceeding begins, a party to the proceeding may apply to the court for the court to hold a conference of the parties to consider issues relating to:

                     (a)  any disclosure, in the substantive hearing in the proceeding, of information that relates to national security; or

                     (b)  any disclosure, of information in the substantive hearing in the proceeding, that may affect national security;

including:

                     (c)  whether a party is likely to be required to give notice under section 38D; and

                     (d)  whether the parties wish to enter into an arrangement of the kind mentioned in section 38B.

             (2)  If the Attorney‑General is not a party to the proceeding, the Attorney‑General, on behalf of the Commonwealth, must be given notice of the conference and either the Attorney‑General or his or her legal representative, or both, may attend it.

             (3)  If the Attorney‑General is a party to the proceeding, the Minister appointed by the Attorney‑General under section 6A must be given notice of the conference and either the Minister or his or her legal representative, or both, may attend it.

             (4)  The court must hold the conference as soon as possible after the application is made.