Document ID: chunk:federal_register_of_legislation:C2022C00001:section:25:p1
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 25 (pt 1/2)
Character Range: 36698–39550

25  Preventing witnesses from disclosing information in federal criminal proceedings by not allowing them to answer questions

Witness expected to disclose information in giving evidence
 (1) This section applies if:
 (a) a witness is asked a question in giving evidence in a federal criminal proceeding; and
 (b) the prosecutor, the defendant or the defendant's legal representative knows or believes that information that will be disclosed in the witness's answer is national security information.
 (2) The prosecutor, the defendant or the defendant's legal representative must advise the court of that knowledge or belief.
Note: Failure to advise the court is an offence: see section 42.
 (2A) However, a person need not advise the court under subsection (2) about the disclosure of information if:
 (a) another person has already advised the court about the disclosure of the information under that subsection; or
 (b) a notice has been given to the Attorney‑General under subsection 24(1) about the disclosure of the information; or
 (c) 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
 (d) the Attorney‑General has given the person advice about the disclosure of the information under subsection 26(7).

Witness to give written answer
 (3) If the court is advised under subsection (2) and the witness would, apart from this section, be required to answer the question, the court must order that the witness give the court a written answer to the question.
 (4) The court must show the written answer to the prosecutor and, if present, the Attorney‑General, the Attorney‑General's legal representative and any other representative of the Attorney‑General.
 (5) If:
 (a) under subsection (4), the Attorney‑General's representative (other than the Attorney‑General's legal representative) is shown the written answer; and
 (b) he or she knows or believes that, if the written answer were to be given in evidence in the proceeding, the information that would be disclosed in the witness's answer is national security information;
then he or she must advise the prosecutor of that knowledge or belief.

Prosecutor must give notice to Attorney‑General etc.
 (6) If the prosecutor knows, believes, or is advised under subsection (5), that, if the written answer were to be given in evidence in the proceeding, the information that would be disclosed in the witness's answer is national security information, then the prosecutor must:
 (a) advise the court of that knowledge, belief or advice; and
 (b) as soon as practicable, give the Attorney‑General notice in writing of that knowledge, belief or advice.
Note: Failure to advise the court or to notify the Attorney‑General