Section 312H — Crimes Act 1961: Security of applications

312H Security of applications (1) As soon as an application for an interception warrant or for a renewal of an interception warrant or for an emergency permit or for a certificate confirming an emergency permit has been determined by the Judge, the Registrar shall place all documents relating to the application (except the warrant or renewal or permit or certificate itself) in a packet, seal the packet, and thereafter keep it in safe custody, subject to the succeeding provisions of this section. (2) Notwithstanding any enactment or rule of law or rules of Court entitling any party to any proceedings to demand the production of any documents, no such party shall be entitled to demand the production of any documents held in safe custody pursuant to subsection (1) of this section, except in accordance with the succeeding provisions of this section. (3) Every such party who requires the production of any document held in safe custody pursuant to subsection (1) of this section shall, except in a case to which subsection (9) or subsection (10) of this section applies, apply in writing to the Registrar, who shall forthwith notify the senior Police officer in the district. (4) If, within 3 days after notice is given to the senior Police officer in the district under subsection (3) of this section, that officer gives written notice to the Registrar that that officer intends to oppose the production of the documents, the Registrar shall refer the matter to a Judge. (5) Where the senior Police officer in the district does not give such written notice to the Registrar, the Registrar shall produce the documents to the party applying for production. (6) Where a matter is referred to a Judge pursuant to subsection (4) of this section, both the person requesting production of the documents and the member of the Police opposing production shall be given an opportunity to be heard. (7) If the Judge is satisfied that information in any document the production of which is in dispute identifies or is likely to lead to the identification of a person who gave information to the Police, or of any member of the Police whose identity was concealed for the purpose of any relevant investigation and has not been subsequently revealed, the Judge may, if the Judge believes it in the public interest to do so, order that the whole or any specified part of the document be not produced. (8) Subject to the provisions of subsection (7) of this section, the Judge shall order the production of the documents to the party requesting it. (9) Where a request for the production of any document kept in safe custody pursuant to subsection (1) of this section is made in the course of any proceedings presided over by a Judge and the request is opposed, the Judge shall adjudicate upon the matter as if it had been referred to the Judge pursuant to subsection (4) of this section. (10) Where such a request is made in the course of any other proceedings, the presiding judicial officer shall forthwith refer the matter to a Judge for adjudication. (11) Notwithstanding anything in this section, every Judge who is presiding over any proceedings in which the issue of an interception warrant or emergency permit is in issue shall be entitled to inspect any relevant document held under subsection (1) of this section. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167).