26Attorney‑General’s criminal non‑disclosure certificate

#### 26 Attorney‑General’s criminal non‑disclosure certificate (1) This section applies if: (a) any of the following happens: (i) the Attorney‑General is notified under section 24 that the prosecutor, the defendant or the defendant’s legal representative knows or believes that he or she, or another person, will disclose information in a federal criminal proceeding; (ii) the Attorney‑General for any reason expects that any of the circumstances mentioned in paragraphs 24(1)(a) to (c) will arise under which the prosecutor, the defendant, the defendant’s legal representative or another person will disclose information in a federal criminal proceeding; (iii) the Attorney‑General is notified under subsection 25(6) that the prosecutor knows, believes or is advised that an answer by a witness in a hearing in relation to a federal criminal proceeding will disclose information; and (b) paragraph 28(1)(a) (about the mere presence of a witness constituting disclosure) does not apply; and (c) the Attorney‑General considers that the disclosure is likely to prejudice national security. Attorney‑General may give a certificate—case where information is in the form of a document (2) If the information would be disclosed in a document (the source document), the Attorney‑General may give each potential discloser (see subsection (8)) of the information in the proceeding: (a) any of the following: (i) a copy of the document with the information deleted; (ii) a copy of the document with the information deleted and a summary of the information attached to the document; (iii) a copy of the document with the information deleted and a statement of facts that the information would, or would be likely to, prove attached to the document; together with a certificate that describes the information and states that the potential discloser must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise), but may disclose the copy, or the copy and the statement or summary; or (b) a certificate that describes the information and states that the potential discloser must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise). Attorney‑General may give a certificate—case where information is not in the form of a document (3) If the information would be disclosed other than in a document, the Attorney‑General may give each potential discloser of the information in the proceeding: (a) either: (i) a written summary of the information; or (ii) a written statement of facts that the information would, or would be likely to, prove; together with a certificate that describes the information and states that the potential discloser must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise), but may disclose the summary or statement; or (b) a certificate that describes the information and states that the potential discloser must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise). (4) The Attorney‑General must give the court a copy of: (a) in any case—the certificate; and (b) if paragraph (2)(a) applies—the source document, the document mentioned in subparagraph (2)(a)(i), (ii) or (iii) and the summary or statement mentioned in subparagraph (2)(a)(ii) or (iii); and (c) if paragraph (3)(a) applies—the summary or statement mentioned in that paragraph. Duration of a certificate (5) The certificate ceases to have effect when any order by the court under section 31 on the hearing in relation to the certificate ceases to be subject to appeal, unless the certificate is revoked by the Attorney‑General before then. Certificate is not a legislative instrument (6) A certificate given to a potential discloser under this section is not a legislative instrument. Attorney‑General may decide not to give a certificate (7) If the Attorney‑General decides not to do as mentioned in subsection (2) or (3), the Attorney‑General must, in writing, advise each potential discloser and the court of his or her decision. Definition of potential discloser (8) Each of the following persons is a potential discloser of the information in the proceeding: (a) in all cases—the prosecutor, the defendant and the defendant’s legal representative; (b) if subparagraph (1)(a)(i) or (ii) applies and the disclosure is by a person other than the prosecutor, the defendant or the defendant’s legal representative—the other person; (c) if subparagraph (1)(a)(iii) applies—the witness mentioned in that subparagraph.