Document ID: chunk:federal_register_of_legislation:C2010A00127:clause:8_62
Version: federal_register_of_legislation:C2010A00127
Segment Type: clause
Provision Reference: sch 8 cl 62
Character Range: 91418–92671

62  Subsection 38D(1)
Repeal the subsection, substitute:
 (1) If a party, or the legal representative of a party, to a civil proceeding knows or believes that:
 (a) he or she will disclose national security information in the proceeding; or
 (b) a person whom he or she intends to call as a witness in the proceeding will disclose national security information in giving evidence or by the person's mere presence; or
 (c) on his or her application, the court has issued a subpoena to, or made another order in relation to, another person who, because of that subpoena or order, is required (other than as a witness) to disclose national security information in the proceeding;
then he or she must, as soon as practicable, give the Attorney‑General notice in writing of that knowledge or belief.
Note 1: Failure to give notice as required by this section is an offence in certain circumstances: see section 46C.
Note 2: Section 38E deals with the situation where a party, or a party's legal representative, knows or believes that information that will be disclosed in a witness's answer is national security information.
Note: The heading to section 38D is replaced by the heading "Notification of expected disclosure of national security information".