Terrorism Suppression Act 2002

38 Procedure in proceedings involving classified security information


This section applies to any proceedings in a court arising out of, or relating to, the making of a designation under this Act.


The court must determine the proceedings on the basis of information available to it (whether or not that information has been disclosed to or responded to by all parties to the proceedings).


If information presented, or proposed to be presented, by the Crown includes classified security information,—


except where proceedings are before the Court of Appeal, the proceedings must be heard and determined by the Chief High Court Judge, or by 1 or more Judges nominated by the Chief High Court Judge, or both; and


the court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the relevant part or all of) the classified security information in the absence of—


the designated entity concerned; and


all barristers or solicitors (if any) representing that entity; and


members of the public.


Without limiting subsection (3), if the designated entity concerned participates in proceedings,—


the court must approve a summary of the information of the kind referred to in section 32(2) that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 32(3); and


on being approved by the court a copy of the statement must be given to the entity concerned.


Nothing in this section limits section 27 of the Crown Proceedings Act 1950 or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.


Subsections (2) to (5) apply despite any enactment or rule of law to the contrary.

Section 38: substituted, on 20 November 2007, by section 21 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).