SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 15 Submissions at hearing

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 15

    (1)     This section applies if the eligible judge orders a hearing for a declaration application in relation to an organisation.

    (2)     A person whose name is specified in the declaration application as a member or former member of the organisation may be present at the hearing and make submissions in relation to the application.

    (3)     With the leave of the eligible judge, the following persons may also be present at the hearing and make submissions in relation to the declaration application:

    (a)     any member or former member of the organisation who is not specified in the application;

    (b)     any other person who may be directly affected (whether adversely or not) by the outcome of the application.

    (4)     Despite subsections (2) and (3), the Commissioner may object to any person mentioned in the subsections being present during any part of the hearing in which classified information is disclosed and, if the Commissioner does so, the eligible judge must deal with the objection under section  73 .

    (5)     If a person mentioned in subsection (2) or (3) does not wish to be present at the hearing:

    (a)     the person may make a protected submission in private to the eligible judge; and

    (b)     the eligible judge must deal with the protected submission under section  17 .