New South Wales Consolidated Acts

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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(3) However, the Supreme Court is not required to allow the document or report to be withdrawn from consideration in the proceedings if the Court considers that its withdrawal would be manifestly unfair to a party to the proceedings who is an eligible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(4) A document that is withdrawn from consideration by the Supreme Court must not be--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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