110ADisclosure certificate

110A Disclosure certificate

(1) Subject to any order of a court, in a proceeding in which a hand-up brief is served, the relevant officer must complete a disclosure certificate in the form prescribed by the regulations describing—

(a) any relevant information, document or thing not contained in the hand-up brief because it is the subject of—

(iii) a prohibition or restriction provided by statute that has the effect of precluding disclosure to the prosecution or the defence; and

(b) the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject; and

(c) any other matter prescribed by the regulations.

(a) file a copy of the disclosure certificate with the registrar within 7 days after service of the hand-up brief on the accused; and

(b) if the DPP is conducting the proceeding, forward a copy of the disclosure certificate to the DPP within 7 days after service of the hand-up brief on the accused; and

(c) serve a copy of the disclosure certificate on the accused at the same time as the hand-up brief is served on the accused.

(3) In completing a disclosure certificate, the relevant officer is not required to describe any information, document or thing, or the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject, in a way that would prejudice—

(a) a claim of public interest immunity made to the Supreme Court in its inherent jurisdiction that has commenced or that the informant knows will be commenced; or

(b) an application for a non-disclosure order that has commenced or that the informant knows will be commenced.

(4) Nothing in this section limits or otherwise affects—

(a) the power of the court to hear and determine an application with respect to the disclosure of information, documents or things; or

(b) the power of the court to make any order or other decision that it has power to make with respect to the disclosure of information, documents or things; or

(c) the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(5) The relevant officer and informant must comply with subsections (1) and (2) unless the court otherwise orders.

(6) In this section, relevant officer means—

(a) the informant; or

(b) if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the hand-up brief.