National Security Information (Criminal and Civil Proceedings) Act 2004
21National security information hearings
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21 National security information hearings
(1) At any time during a federal criminal proceeding, the Attorney‑General, the Attorney‑General’s legal representative, the prosecutor, the defendant or the defendant’s legal representative may apply to the court for the court to hold a hearing to consider issues relating to the disclosure, protection, storage, handling or destruction, in the proceeding, of national security information, including: (a) the making of an arrangement of the kind mentioned in section 22; and (b) the giving of a notice under section 24. (1A) As soon as possible after making the application, the applicant must notify each of the following that the application has been made: (a) if the applicant is the Attorney‑General or the Attorney‑General’s legal representative—the prosecutor, the defendant and the defendant’s legal representative; (b) if the applicant is the prosecutor—the Attorney‑General, the defendant and the defendant’s legal representative; (c) if the applicant is the defendant or the defendant’s legal representative—the Attorney‑General and the prosecutor. (2) The court must hold the hearing as soon as possible after the application is made.