Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:15_13
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 15 cl 13
Character Range: 171998–172829

13  After subsection 38I(3)
Insert:
 (3A) Despite subsections (2) and (3), if:
 (a) the hearing is under subsection 38G(1) or 38H(6); and
 (b) the proceeding is under Division 104 of the Criminal Code (about control orders); and
 (c) a person referred to in paragraph (2)(e) requests the court to make an order that one or more specified parties to the proceeding, and their legal representatives, are not entitled to be present during any part of the hearing in which a person referred to in paragraph (2)(e) gives information of the kind referred to in paragraph (3)(c) or (d);
then the court may make that order.
Note: An order made under subsection 38J(2), (3) or (4) in relation to the proceeding will contain a similar restriction in relation to a hearing in the proceeding: see paragraph 38J(2)(e), 38J(3)(d) or 38J(4)(c).