Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:15_38j:p2
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 15 cl 38J (pt 2/3)
Character Range: 176354–179122

the information is disclosed to the court; and
 (f) if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been disclosed to the relevant person or the relevant person's legal representative.
 (3) If the hearing was required by subsection 38G(1), the court may, regardless of the form of the information, order under this subsection that:
 (a) any of the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):
 (i) any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;
 (ii) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;
 (iii) any other specified person; and
 (b) the information may be disclosed to the court in the proceeding; and
 (c) the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and
 (d) the relevant person and the relevant person's legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and
 (e) if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been disclosed to the relevant person or the relevant person's legal representative.

Witness exclusion certificate hearings
 (4) If the hearing was required by subsection 38H(6) in relation to the calling of a witness in the proceeding, the court may order under this subsection that:
 (a) the relevant person and the relevant person's legal representative must not call the witness at a hearing in the proceeding; and
 (b) the closed hearing requirements in section 38I are to apply if the witness is called at a hearing in the proceeding; and
 (c) the relevant person and the relevant person's legal representative are not entitled to be present if the witness is called at a hearing in the proceeding.

Factors to be considered by court
 (5) The court must, in deciding whether to make an order under subsection (2), (3) or (4), consider the following matters:
 (a) whether, having regard to the Attorney‑General's certificate, there would be a risk of prejudice to national security if:
 (i) where the certificate was given under subsection 38F(2) or (3)—the information were disclosed in contravention of the