NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 38G Consequences of Attorney - General giving civil non - disclosure certificate

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

  (1)   If, under section   38F, the Attorney - General gives a potential discloser a certificate at any time during a civil proceeding, the court must:

  (a)   in any case where the certificate is given to the court before the substantive hearing in the proceeding begins--before the substantive hearing in the proceeding begins, hold a hearing to decide whether to make an order under section   38J or   38L in relation to the disclosure of the information; or

  (b)   if subparagraph   38F(1)(a)(i) or (iii) applies and the certificate is given to the court after the substantive hearing in the proceeding begins--continue the adjournment of the proceeding mentioned in subsection   38D(5) or 38E(6) for the purpose of holding a hearing to decide whether to make an order under section   38J or   38L in relation to the disclosure of the information; or

  (c)   if subparagraph   38F(1)(a)(ii) applies and the certificate is given to the court after the substantive hearing in the proceeding begins--adjourn the proceeding for the purpose of holding a hearing to decide whether to make an order under section   38J or   38L in relation to the disclosure of the information.

  (2)   If, while the proceeding is adjourned or the hearing is being held:

  (a)   the court makes an order under section   38B about the disclosure, in the proceeding, of information that is the subject of the certificate; or

  (b)   the Attorney - General revokes the certificate;

the court must end the adjournment or the hearing.

  (3)   The closed hearing requirements apply to the hearing to decide whether to make an order under section   38J or   38L.