Section 8A — Privacy Act 1988: Determination whether exemption applies

(1) The court may, at any stage of the proceedings, determine whether an exemption in Part 3 applies in relation to the invasion of privacy. (2) The court may make the determination on application of a party to the proceedings or on its own motion. (3) If a party to the proceedings applies for a determination under this clause before the trial for the proceedings commences, the court is to make the determination as soon as practicable, and before the trial commences, unless satisfied that there are special circumstances justifying the postponement of the determination to a later stage of the proceedings (including during the trial). (4) This clause does not limit any powers that the court has apart from this clause.