Control of Exports Act 2023
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Appeals to be held otherwise than in public | ||
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47. (1) Subject to subsection (3), proceedings in relation to an appeal under section 43 before an adjudicator shall be conducted otherwise than in public, and the adjudicator shall exclude from the hearing of any proceedings relating to the appeal before him or her all persons except— | ||
(a) a person providing services to the adjudicator, whose presence is necessary for the adjudicator to deal with the proceedings in accordance with this Act, | ||
(b) the parties to the appeal, | ||
(c) the legal representatives of the parties to the appeal, and | ||
(d) a witness whose evidence is relevant to the appeal, for as long as the witness’s presence is required for the purpose of providing such evidence. | ||
(2) This subsection shall apply to proceedings relating to an appeal under section 43 before an adjudicator where the Minister— | ||
(a) is satisfied that conducting such proceedings, or specified matters forming part of such proceedings, in public would not create a risk to the security or public order of the State, and | ||
(b) gives notice to the adjudicator of that fact. | ||
(3) Where subsection (2) applies to proceedings, the adjudicator shall— | ||
(a) as soon as practicable after receiving a notification under paragraph (b) of subsection (2), give notice to the appellant of that fact, and | ||
(b) conduct proceedings relating to the appeal or to the specified matters forming part of the appeal, as the case may be, to which subsection (2) applies, in public unless the adjudicator believes that there are good and sufficient reasons to conduct such proceedings otherwise than in public. |