Protection of terrorist intelligence information in legal proceedings
119C Protection of terrorist intelligence information in legal proceedings
In this section —
court includes any tribunal, authority or person having the power to require the production of documents or the answering of questions;
disclosure requirement means a requirement under the Criminal Procedure Act 2004 section 35, 42, 61 or 95 to disclose any information.
In any legal proceeding relating to, or requiring the disclosure of, information included in a Commissioner of Police report that the court is satisfied is terrorist intelligence information, the court must —
dispense with the disclosure requirements in relation to the information if the court is satisfied that no miscarriage of justice will result; and
ensure that such parts of the proceeding relating to the disclosure of the information are held in private; and
make such orders as to the suppression of evidence given before the court that, in the court’s opinion, will ensure that the information is not disclosed; and
make orders prohibiting the publication of the information.
Without limiting the matters that the court may consider for the purpose of determining if the information is terrorist intelligence information, the court must, before it makes the determination, give the Commissioner of Police an opportunity to be heard by, or to make written submissions to, the court.
[Section 119C inserted: No. 14 of 2022 s. 26.]
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