This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
requires a court to prevent evidence of matters of state (for example, matters affecting international relations or law enforcement) being adduced if the public interest in admitting the evidence is outweighed by the public interest in preserving its secrecy or confidentiality. The clause provides some guidance on the nature of evidence which relates to matters of state and lists some matters to be taken into account by the court when determining whether to direct that information or a document not be adduced as evidence. Subclause (5) sets out matters the court is to take into account when determining whether to exclude evidence of matters of state. Such matters include—
the importance of the information or document in the proceeding;
the likely effect of adducing evidence of the information or document and the means available to limit its publication;
in a criminal proceeding, whether the party seeking to adduce evidence is a defendant or a prosecutor. Further, if a defendant is seeking to adduce the evidence, whether the direction is to be made subject to a condition that the prosecution be stayed.