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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 60A
Withdrawal from consideration of documents or reports for which public interest immunity claimed
60A Withdrawal from consideration of documents or reports for which public
interest immunity claimed
(1) This section applies in respect of a document or report provided to the
Attorney General under this Part if the State, or a
prescribed terrorism intelligence authority that provided it, makes a claim in
proceedings before the Supreme Court under this Act that the document or
report is subject to public interest immunity.
(2) If the Supreme Court is
not satisfied that the document or report is subject to public interest
immunity, the Court must, before determining the claim for immunity, give the
claimant an opportunity to withdraw the document or report from consideration
by the Court in the proceedings.
(3) However, the Supreme Court is not
required to allow the document or report to be withdrawn from consideration in
the proceedings if the Court considers that its withdrawal would be manifestly
unfair to a party to the proceedings who is an eligible offender.
(4) A
document that is withdrawn from consideration by the Supreme Court must not
be-- (a) disclosed to a party to the proceedings who is an eligible offender
or the offender's legal representatives, or
(b) taken into consideration by
the Supreme Court in determining any proceedings under this Act.
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