Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38l:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38L (pt 2/2)
Character Range: 100707–102678

whom the contents of the certificate have been disclosed for the purposes of the hearing; and
 (c) any other specified person;
must not, except in permitted circumstances, disclose the information (whether in the proceeding or otherwise).
 (5) The court may, regardless of the form of the information, order under this subsection that any person may disclose the information in the proceeding. However, the information is only admissible in evidence in the proceeding if, apart from the order, it is admissible.

Civil witness exclusion certificate hearings
 (6) After holding a hearing required under subsection 38H(6), the court must order that:
 (a) the relevant party or legal representative must not call the person as a witness in the civil proceeding; or
 (b) the relevant party or legal representative may call the person as a witness in the civil proceeding.
However, this subsection does not apply if the court has made an order under subsection 38J(4) about the calling of the person as a witness.
Note: Subsection 38J(4) allows the court to make an order about the calling of witnesses in control order proceedings under Division 104 of the Criminal Code or in Division 105A ESO proceedings.

Factors to be considered by court
 (7) The court must, in deciding what order to make under this section, consider the following matters:
 (a) whether, having regard to the Attorney‑General's certificate, there would be a risk of prejudice to national security if:
 (i) where the certificate was given under subsection 38F(2) or (3)—the information were disclosed in contravention of the certificate; or
 (ii) where the certificate was given under subsection 38H(2)—the witness were called;
 (b) whether any such order would have a substantial adverse effect on the substantive hearing in the proceeding;
 (c) any other matter the court considers relevant.
 (8) In making its decision, the court must give greatest weight to the matter mentioned in paragraph (7)(a).