Document ID: chunk:federal_register_of_legislation:C2022C00001:section:28
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 28
Character Range: 47080–49849

28  Attorney‑General's criminal witness exclusion certificate
 (1) This section applies if:
 (a) either:
 (i) the Attorney‑General is notified under section 24 that the prosecutor, the defendant or the defendant's legal representative knows or believes that a person whom he or she intends to call as a witness in a federal criminal proceeding will disclose information by the person's mere presence; or
 (ii) the Attorney‑General for any reason expects that a person whom the prosecutor, the defendant or the defendant's legal representative intends to call as a witness in a federal criminal proceeding will disclose information by his or her mere presence; and
 (b) the Attorney‑General considers that the disclosure is likely to prejudice national security.

Attorney‑General may give a certificate
 (2) The Attorney‑General may give a certificate to the prosecutor, the defendant or the defendant's legal representative, as the case may be, that states that the prosecutor, the defendant or the defendant's legal representative must not call the person as a witness in the federal criminal proceeding.
 (3) The Attorney‑General must give a copy of the certificate to the court.

Duration of a certificate
 (4) The certificate ceases to have effect when any order by the court under section 31 on the hearing in relation to the certificate ceases to be subject to appeal, unless the certificate is revoked by the Attorney‑General before then.

Court hearing
 (5) The court must:
 (a) if the certificate is given to the court before the trial begins—before the trial begins, hold a hearing to decide whether to make an order under section 31 in relation to the calling of the witness; or
 (b) if the certificate is given to the court after the trial begins—adjourn the proceeding for the purpose of holding a hearing to decide whether to make an order under section 31 in relation to the calling of the witness.
 (7) The closed hearing requirements apply to the hearing.
 (8) If the Attorney‑General revokes the certificate at any time while the proceeding is adjourned or the hearing is being held, the court must end the adjournment or the hearing.

Certificate is not a legislative instrument
 (9) A certificate given to the prosecutor, the defendant or the defendant's legal representative under this section is not a legislative instrument.

Attorney‑General may decide not to give a certificate
 (10) If the Attorney‑General decides not to do as mentioned in subsection (2), the Attorney‑General must, in writing, advise the prosecutor, the defendant or the defendant's legal representative, as the case requires, and the court of his or her decision.

Division 3—Closed hearings and non‑disclosure or witness exclusion orders in federal criminal proceedings