Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 5.2 - Espionage and related offences  

Division 93 - Prosecutions and hearings  

SECTION 93.2   Hearing in camera etc.  

This section applies to a hearing of an application or other proceedings before a federal court, a court exercising federal jurisdiction or a court of a Territory, whether under this Act or otherwise.


At any time before or during the hearing, the judge or magistrate, or other person presiding or competent to preside over the proceedings, may, if satisfied that it is in the interests of Australia ' s national security:

(a) order that some or all of the members of the public be excluded during the whole or a part of the hearing; or

(b) order that no report of the whole or a specified part of, or relating to, the application or proceedings be published; or

(c) make such order and give such directions as he or she thinks necessary for ensuring that no person, without the approval of the court, has access (whether before, during or after the hearing) to any affidavit, exhibit, information or other document used in the application or the proceedings that is on the file in the court or in the records of the court.

A person commits an offence if the person contravenes an order made or direction given under this section.

Penalty: Imprisonment for 5 years.

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