Commonwealth Consolidated Acts

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

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 civil proceeding; and

                     (b)  a party to the proceeding 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 party must advise the court of that knowledge or belief.

Note:          Failure to advise the court is an offence: see section 46C.

Witness must give written answer to question

             (3)  If the court is advised under subsection (2), the court must order that the witness give the court a written answer to the question.

Court must adjourn proceeding

             (4)  The court must adjourn the proceeding on receiving the written answer. However, the court need not adjourn the proceeding if the information disclosed by the written answer:

                     (a)  is the subject of a certificate given to the court under section 38F and the certificate still has effect; or

                     (b)  is the subject of an order in force under section 38B or 38L.

Note:          Subsection 38F(6) specifies when a certificate ceases to have effect.

             (5)  If the court adjourns the proceeding, the court must give the written answer to the Attorney‑General.

             (6)  The court must continue the adjournment of the proceeding until the Attorney‑General gives a copy of a certificate to the court under subsection 38F(5) or gives advice to the court under subsection 38F(7) (which applies if a decision is made not to give a certificate).