Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p17
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 17/27)
Character Range: 40975–43787

the power be exercised for the purpose of preventing prejudice to Australia's security.

Orders

"7zd. (1) The Attorney-General may make a written order prohibiting one or more of the following acts:

    (a) the production of a document;

    (b) the production of a thing;

    (c) the giving of evidence or information, whether in relation to the contents of a document or otherwise.

"(2) An order under this section may:

    (a) be directed to a particular person, to a class of persons or to persons generally;

    (b) relate to particular proceedings, to a class of proceedings or to proceedings generally; and

    (c) relate to a particular document, thing, evidence or information or to a class of documents, things, evidence or information.

Copies etc. of documents

"7ze. (1) Where the Attorney-General makes an order under section 7zd that has effect in relation to a document, the order also has effect in relation to any copy, extract or summary of that document that is in Australia as if the copy, extract or summary were the document.

"(2) Subsection (1) applies to a copy, extract or summary that is in existence at any time while the order concerned remains in force.

Intervention

"7zf. (1) The Attorney-General may, on behalf of the Commonwealth, intervene in proceedings to which this Part applies for the purpose of preventing a contravention of an order made under section 7zd.

"(2) Where the Attorney-General intervenes in proceedings before a court under this section:

    (a) a certificate by the Attorney-General stating that the doing of an act prohibited by an order made under section 7zd would be prejudicial to Australia's security is conclusive evidence of that fact; and

    (b) the court may, in the proceedings, make such order as to costs against the Commonwealth as the court thinks fit.

Injunctions

"7zg. Where:

    (a) there is in force an order made under section 7zd that prohibits the production of a document or thing or the giving of evidence or information; and

    (b) the Federal Court is satisfied, on application by the Attorney- General, that there are reasonable grounds for believing that the person having possession or control of the document, thing, evidence or information might contravene the order;

the Federal Court may grant an injunction restraining that person from dealing with the document, thing, evidence or information in a manner specified in the injunction or restraining that person from dealing with the document, thing, evidence or information except in a manner specified in the injunction.".

PART 12—AMENDMENTS OF THE FEDERAL COURT OF AUSTRALIA ACT 1976

Principal Act

35. In this Part, "Principal Act" means the Federal Court of Australia Act 1976".

36. After section 30 of the Principal Act the following section is