Document ID: chunk:federal_register_of_legislation:C2018C00175:section:127
Version: federal_register_of_legislation:C2018C00175
Segment Type: section
Provision Reference: s 127
Character Range: 152145–153680

127  Matters of state
 (1) This section applies to a proceeding if:
 (a) it is a proceeding to determine an application to a court for:
 (i) leave under section 76 for service of a subpoena; or
 (ii) an order under section 79 in relation to a subpoena; or
 (iii) an order under section 93 in relation to a warrant issued in connection with the performance of an investigative function by a tribunal; and
 (b) the court is satisfied that:
 (i) the evidence likely to be given by the person to whom the subpoena is addressed; or
 (ii) a document or thing specified in the subpoena;
  may constitute or contain evidence relating to matters of state.
 (2) In a proceeding to which this section applies, the court may give leave under section 76 or make an order under section 79 or 93 only if the applicant for leave or for the making of the order has given at least 14 days notice of the proceeding, and the issue of the subpoena, to all of the following persons:
 (a) the Attorney‑General for the Commonwealth;
 (b) the Attorney‑General for the State in which the tribunal is established;
 (c) the Attorney‑General for the State in which is located the person to whom the subpoena is addressed.
 (3) In a proceeding to which this section applies:
 (a) the Commonwealth; and
 (b) the State in which the tribunal is established; and
 (c) the State in which is located the person to whom the subpoena is addressed;
are entitled to intervene.
 (4) A court may direct that a proceeding to which this section applies is to be held in camera.