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Tuesday, 30 November 2004
Page: 87

Senator BROWN (6:21 PM) —That reveals another difficulty inherent in the legislation. The Attorney can, without detriment, effectively test the court by trying to prevent evidence being brought to the defendant's notice and, if that interferes with the process of the trial, withdraw and at some stage later try again. There is no requirement on the Attorney to consistently make application for secrecy of information or for information to be withheld in the court proceedings. Clearly, if this is to be a fair dinkum process, if the Attorney determines that information ought not be available to the defendant then there is no reason why that should change. This opens the way for Attorneys-General to try withholding information in the hope that the court will agree and, if the court does not agree, then withdrawing the certificate and letting the trial proceed.