23General protection of counter-terrorism intelligence in legal proceedings

23 General protection of counter-terrorism intelligence in legal proceedings (1) If, in any legal proceeding, an issue arises relating to the disclosure of any information, document or other thing and (but for this section) a person would be entitled to require another person to disclose that information, document or thing, the court may excuse that person from the requirement to disclose if satisfied that— (a) the information, document or thing is counter-terrorism intelligence; and (b) the public interest in preserving secrecy or confidentiality outweighs the public interest in disclosure. (2) Without limiting the matters the court may consider for the purposes of subsection (1), the court must consider the following— (a) the importance of the information, document or thing in the legal proceeding; (b) if the legal proceeding is a criminal proceeding, whether the party seeking disclosure is the accused or the prosecutor; (c) if the legal proceeding is a criminal appeal proceeding, including an application for leave to appeal, whether the party seeking disclosure was the accused or the prosecutor in the judgment or order from which the appeal is brought; (d) the nature of the offence, cause of action or defence to which the information, document or thing relates, and the nature of the subject matter of the proceeding; (e) the likely effect of disclosure of the information, document or thing and the means available to limit its publication; (f) whether the substance of the information, document or thing has already been disclosed; (g) if the proceeding is a criminal proceeding and the party seeking disclosure is the accused, whether the order is to be made subject to the condition that the prosecution be stayed. (3) In deciding whether to excuse a person under this section from a requirement to disclose, the court may inform itself in any way it thinks fit. ***court*** has the same meaning as in the **Evidence (Miscellaneous Provisions) Act 1958**; ***disclosure*** includes disclosure, whether by order, subpoena or otherwise, by the— (a) inspection, production or discovery of documents; and (b) giving of evidence; and (c) answering of interrogatories; and (d) provision of particulars; ***legal proceeding*** has the same meaning as in the **Evidence (Miscellaneous Provisions) Act 1958**. Under the **Evidence (Miscellaneous Provisions) Act 1958**, ***legal proceeding*** includes a civil or criminal proceeding before a court, an inquest held by a coroner and a Royal Commission. Also under that Act, ***court*** includes a person acting judicially. S. 24 substituted by No. 32/2018 s. 71.