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NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 38PD

Communication before disclosure of information to special advocate by Attorney - General

  (1)   This Subdivision, other than subsection   ( 2), does not restrict communication that:

  (a)   is between:

  (i)   a special advocate of a party to a civil proceeding; and

  (ii)   the party or the party's legal representative; and

  (b)   occurs before the Attorney - General discloses information to the special advocate under subsection   38PE(2) in relation to the proceeding.

Note:   For communication between the special advocate and the party after such a disclosure, see section   38PF.

  (2)   The court may make such orders as the court considers appropriate prohibiting or restricting communication mentioned in subsection   ( 1) about any matter connected with the proceeding if:

  (a)   the court is satisfied that it is in the interest of national security to make such orders; and

  (b)   the orders are not inconsistent with this Act or regulations made under this Act.


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