Terrorism (Community Protection) Act 2003

After hearing a protection application, the Supreme Court may make a counter-terrorism intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that—

the information, document, thing or part is counter-terrorism intelligence; and

the reasons for maintaining the confidentiality of the counter‑terrorism intelligence outweigh any prejudice or unfairness to the subject of the substantive application or hearing.

If the Supreme Court makes a counter-terrorism intelligence protection order, the applicant in the protection application must serve on the subject of the substantive application or hearing or a representative of the subject—

a copy of the order; and

a summary of the protected counter-terrorism intelligence to the extent possible without compromising the reasons for which the intelligence is protected.

If the Supreme Court declines to make a counter‑terrorism intelligence protection order in respect of all or any part of the information, document or other thing—

no party to the substantive application or hearing is obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application or hearing; and

if the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant may withdraw the substantive application.

If the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant in the substantive application may also withdraw the substantive application if the Supreme Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a counter‑terrorism intelligence protection order was made.