59DWithdrawal of information to which a terrorism intelligence application relates

59D Withdrawal of information to which a terrorism intelligence application relates

59D Withdrawal of information to which a terrorism intelligence application relates

(1) The Supreme Court must give an affected person or body an opportunity to withdraw the information to which a terrorism intelligence application relates from consideration by the Court if—

(a) the Court is not satisfied that the information is terrorism intelligence, or

(b) the Court decides not to grant the level of access requested under section 59A (1) (b) in relation to the information.

(2) Each of the following is an affected person or body—

(a) the applicant in the terrorism intelligence application,

(b) any prescribed terrorism intelligence authority that provided the information.

(3) However, the Supreme Court is not required to allow the information to be withdrawn from consideration by the Court if the Court considers that its withdrawal would be manifestly unfair to a party to the substantive proceedings who is an eligible offender.

(4) Any information that is withdrawn from consideration by the Supreme Court must not be—

(a) disclosed to a party to the substantive proceedings who is an eligible offender or the offender’s legal representatives, or

(b) taken into consideration by the Supreme Court in determining the substantive proceedings.

s 59D: Ins 2018 No 94, Sch 1.8 [16].