Document ID: chunk:federal_register_of_legislation:C2022C00001:section:24:p1
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 24 (pt 1/2)
Character Range: 32687–35395

24  Notification of expected disclosure of national security information
 (1) If the prosecutor, the defendant or the defendant's legal representative knows or believes that:
 (a) he or she will disclose national security information in a federal criminal proceeding; or
 (b) a person whom he or she intends to call as a witness in a federal criminal 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 a federal criminal 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 subsection is an offence in certain circumstances: see section 42.
Note 2: Section 25 deals with the situation where the prosecutor, the defendant or the defendant's legal representative knows or believes that information that will be disclosed in a witness's answer is national security information.

When not required to give notice
 (1A) However, a person need not give notice about the disclosure of information under subsection (1) if:
 (a) another person has already given notice about the disclosure of the information under that subsection; or
 (b) the disclosure of the information:
 (i) is the subject of a certificate given to the person under section 26 and the certificate still has effect; or
 (ii) is the subject of an order that is in force under section 22 or 31; or
 (c) the disclosure of the information by the witness to be called:
 (i) is the subject of a certificate given to the person under section 28 and the certificate still has effect; or
 (ii) is the subject of an order that is in force under section 22 or 31; or
 (d) the Attorney‑General has given the person advice about the disclosure of the information under subsection 26(7) or 28(10).

Requirements for notice
 (2) The notice must:
 (a) be in the prescribed form; and
 (b) if paragraph (c) does not apply—include a description of the information; and
 (c) if the information is contained in a document—be accompanied by a copy of the document or by an extract from the document, that contains the information.

Informing the court etc. of an expected disclosure
 (3) A person who gives notice under subsection (1) must also advise the following, in writing, that notice has been given to the Attorney‑General:
 (a) if the person is the prosecutor:
 (i) the court; and
 (ii) the defendant; and
 (iii) the defendant's