Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_38l:p2
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 38L (pt 2/2)
Character Range: 38236–39489

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 must not call the person as a witness in the civil proceeding; or
 (b) the relevant party may call the person as a witness in the civil proceeding.

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).