Control of Exports Act 2023
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Chapter 4 Exceptional provisions regarding sensitive material and evidence | ||
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Treatment of certain material of relevance to security or public order of State in appeal against decision under section 43 | ||
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46. (1) Where the adjudicator 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 or public order of the State, the adjudicator may— | ||
(a) 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, | ||
(b) 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, and | ||
(c) take the relevant material into account in making a decision under section 45 , regardless of the extent to which the relevant material is provided to the appellant. | ||
(2) The information on oath or affirmation provided to the adjudicator under subsection (1) shall not, without the express authorisation of the Minister, be disclosed by any person to any person other than a party to the appeal. | ||
(3) When providing information on oath or affirmation under subsection (1), the Minister may request the adjudicator to direct that— | ||
(a) the information shall not be provided to a party to the appeal, and | ||
(b) a summary of the information, provided to the adjudicator with the request, shall be provided to the party. | ||
(4) The adjudicator shall, if satisfied that the summary of the information provided with the Minister’s request under subsection (3) is sufficiently clear and detailed to allow a party to the appeal effectively to challenge the basis on which, or way in which, the relevant material is provided to the party, direct that— | ||
(a) the information shall not be provided to a party to the appeal, and | ||
(b) the summary shall be provided to the party. | ||
(5) The Minister shall comply with a direction of the adjudicator under subsection (1) or (4), as the case may be. | ||
(6) A person, other than the Minister or an adjudicator, who contravenes subsection (2) shall be guilty of an offence. |