Terrorism (Community Protection) Act 2003

The Public Interest Monitor is entitled—

to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

to ask questions of any person giving information in relation to the application; and

to make submissions to the Supreme Court about the appropriateness of granting the application.

Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.

If a Public Interest Monitor is not reasonably able to be contacted for an application (other than an application for a covert search warrant)—

the application may proceed without a Public Interest Monitor being notified; and

a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.

As soon as practicable after the application is heard, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 4D or 4E or subsection (3) of this section in relation to the applications.