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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 2 of 2

29. Material not publicly available that relates to security of the State

(1) Where an appeal of a relevant vendor measure or a variation in such measure relates to or involves any decision, evidence, document, material or any other matter that is not publicly available and relates to the security of the State, (referred to in this Part as "relevant material"), the High Court may -

(a) where it is satisfied by information on oath or affirmation of the Minister, or of an officer of the Minister appointed by the Minister to provide such information, that there are reasonable grounds for believing that the disclosure to an appellant of relevant material would create a risk to the security of the State -

(i) where satisfied that the relevant material can be redacted in a way that removes that risk, direct the Minister to provide the relevant material to the appellant subject to such redactions, or

(ii) where satisfied that the relevant material or part thereof can be summarised or described in a way that removes that risk, direct the Minister to provide the appellant with such a summary or description,

(b) where it is not satisfied by the information on oath or affirmation referred to in paragraph(a) that the disclosure to a party of relevant material would create a risk to the security of the State, direct that the relevant material or such part of that material as the High Court may direct, be provided to the party, and