28FAppearance and role of monitor at hearing

28F Appearance and role of monitor at hearing

28F Appearance and role of monitor at hearing

(1) This section applies to a hearing for an application at which the criminal intelligence monitor appears.

(2) The monitor may—

(a) for the purpose of testing the appropriateness and validity of the application—

(i) present questions for the applicant to answer, or

(ii) examine or cross-examine a witness, or

(b) make submissions to the Court about the appropriateness of granting the application.

(3) However, the monitor must not make a submission to the Court while a respondent or a legal representative of a respondent is present.

(4) The Court may, in its discretion, exclude the monitor from the hearing while a respondent or a legal representative of a respondent is present.

(5) In this section—

present includes present by way of an audio-visual link or audio link.

pt 3B, divs 1–5 (ss 28A–28U): Ins 2013 No 12, Sch 1 [9].