Northern Territory Consolidated Acts

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EVIDENCE ACT - SECT 42D

Certificate of Attorney-General

    (1)     Where the Attorney-General certifies in writing that, in his opinion, the disclosure of the contents of a document or record in legal proceedings described in the certificate is not in the public interest:

        (a)     because it would involve the disclosure of communications between:

            (i)     the Executive Council, or a member thereof, and the Administrator;

            (ii)     a Minister and a Minister of the Commonwealth or of a State; or

            (iii)     a Commonwealth Minister and a Minister of a State; or

        (b)     because it would involve the disclosure of deliberations or decisions of, or matters presented to or considered by:

            (i)     the Executive Council or a committee of the Executive Council; or

            (ii)     the Territory Cabinet or a committee of the Territory Cabinet,

the document or record shall not be disclosed in or in relation to, or be admissible as evidence in, those legal proceedings.

    (2)     A certificate under subsection (1) shall, without a Court having examined a document or heard a record to which it relates or having inquired into the power of the Attorney-General to give the certificate, be accepted in legal proceedings described in the certificate as conclusive that the document or record is of the kind referred to in subsection (1) and that its disclosure in the legal proceedings is not in the public interest.



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