Document ID: chunk:federal_register_of_legislation:C2022C00001:section:26:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 26 (pt 2/2)
Character Range: 43281–45209

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.