Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38h:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38H (pt 2/2)
Character Range: 82736–83846

to the calling of the witness.
 (7) The closed hearing requirements apply to the hearing to decide whether to make an order under section 38J or 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:
 (a) the relevant party or legal representative; and
 (b) 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.

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

Subdivision A—Closed hearing requirements