(1) A party to criminal proceedings may inspect any document in the proceedings except:
(a) a document for which a claim of privilege has been made but not decided by the Court; or
(b) a document that the Court has decided is privileged; or
(c) a document for which a claim of public interest immunity has been made but not decided by the Court; or
(d) a document that the Court has decided is immune on the grounds of public interest; or
(e) a document affected by the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 ; or
(f) a document that the Court has ordered be confidential.
(2) A person who is not a party to criminal proceedings may inspect any of the following documents in the proceedings in the proper Registry:
(a) an indictment or information;
(b) a notice of address for service;
(c) a notice of change of address for service;
(d) an interlocutory application;
(e) an order of the Court;
(f) a notice of appeal;
(g) a notice of change of lawyer;
(h) a notice of ceasing to act;
(i) reasons for judgment;
(j) a transcript of a hearing heard in open Court.
(3) However, a person who is not a party to criminal proceedings is not entitled to inspect a document that the Court has ordered:
(a) be confidential; or
(b) is forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member.
Note: For the prohibition of the publication of evidence or of the name of a party or witness, see sections 37AF and 37AI of the Act.
(4) A person may apply to the Court for leave to inspect a document, or class of documents, that the person is not otherwise entitled to inspect.
(5) A person may be given a copy of a document, except a copy of the transcript in criminal proceedings, if the person:
(a) is entitled to inspect the document; and
(b) has paid the fee (if any) payable in accordance with the Federal Court and Federal Circuit Court Regulation 2012 .
Note: If there is no order that a transcript be confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of criminal proceedings from the Court's transcript provider.