Section 10Part 0 —
Review of certification
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Where the Governor has issued a certificate under section 9(3)(e) in relation to proceedings, any party to the proceedings may apply to the relevant court to set aside the decision on the ground in subsection (2).
The ground referred to in subsection (1) is that the Governor ought not to have determined, in relation to the information specified or described in the certificate, that a disclosure by B as mentioned in section 9(4) would be contrary to the public interest.
In determining whether the decision to issue the certificate should be set aside on the ground in subsection (2), the relevant court shall apply the principles which would be applied in judicial review proceedings.
Proceedings arising by virtue of this section are to be treated as section 3 proceedings for the purposes of sections 5, 6, 7, 8, 15 and 16.
Sections 5, 6, 7, 8, 15 and 16 apply in relation to proceedings treated as section 3 proceedings by subsection (4) as if —
the Governor were the relevant person; and
the references to the interests of national security in sections 5, 8 and 15 are references to the interests of national security of the Islands.
In this section "relevant court" means the court seised of those proceedings.
Defined Terms
relevant court
Cross References
- Section 9 of Civil Proceedings Closed Material Procedures Act
section 9 certificate
- Section 3 of Civil Proceedings Closed Material Procedures Act
section 3 proceedings