NSWIn ForceAct
Terrorism (High Risk Offenders) Act 2017
59DWithdrawal of information to which a terrorism intelligence application relates
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#### 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—
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> > > (a) the Court is not satisfied that the information is terrorism intelligence, or
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> > > (b) the Court decides not to grant the level of access requested under section 59A (1) (b) in relation to the information.
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> > (2) Each of the following is an affected person or body—
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> > > (a) the applicant in the terrorism intelligence application,
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> > > (b) any prescribed terrorism intelligence authority that provided the information.
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> > (3) However, the Supreme Court is not required to allow the information to be withdrawn from consideration by the Court if the Court considers that its withdrawal would be manifestly unfair to a party to the substantive proceedings who is an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.
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> > (4) Any information that is withdrawn from consideration by the Supreme Court must not be—
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> > > (a) disclosed to a party to the substantive proceedings who is an eligible offender or the offender’s legal representatives, or
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> > > (b) taken into consideration by the Supreme Court in determining the substantive proceedings.
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> **s 59D:** Ins 2018 No 94, Sch 1.8 \[16\].