Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_38h:p2
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 38H (pt 2/2)
Character Range: 29387–30374

whether to make an order under section 38L.

 (8) If, while the proceeding is adjourned or the hearing is being held:
 (a) the court makes an order under section 38B about the disclosure, in the proceeding, of information by the mere presence of the person who is the subject of the certificate; or
 (b) the Attorney‑General revokes the certificate;
the court must end the adjournment or the hearing.

Attorney‑General may decide not to give a certificate

 (9) If the Attorney‑General decides not to do as mentioned in subsection (2), the Attorney‑General must, in writing, advise the relevant party and the court of his or her decision.

Certificate and written advice are not legislative instruments

 (10) A certificate given under subsection (2) and a written advice given under subsection (9) are not legislative instruments for the purposes of the Legislative Instruments Act 2003.

Division 3—Closed hearings and non‑disclosure or witness exclusion orders in civil proceedings