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COMMONWEALTHAct
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s 9B

Limitation of jurisdiction to review related civil proceeding decisions

In force

9B Limitation of jurisdiction to review related civil proceeding decisions

(1)

At any time when a civil proceeding, or an appeal arising out of a civil proceeding, is taking place, no court has jurisdiction to hear, continue to hear or determine an application under this Act, by a person who is or was a party to the proceeding, in relation to a related civil proceeding decision.

(2)

In this section:

appeal includes a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

civil proceeding has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.

related civil proceeding decision, in relation to a civil proceeding, means:

(a)

a decision of the Attorney‑General to give:

(i)

notice under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceeding; or

(ii)

a certificate under section 38F or 38H of that Act in relation to the proceeding; or

(b)

a decision of the Minister appointed by the Attorney‑General under section 6A of that Act to give:

(i)

notice under section 6A of that Act in relation to the proceeding; or

(ii)

a certificate under section 38F or 38H of that Act in relation to the proceeding.

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