Commonwealth Numbered Acts

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 7

7. Before section 11 of the Principal Act the following section is inserted in
Part III: Court may determine whether person is a protected prisoner of war

"10A. (1) A person referred to in paragraph 1 or 2 of Article 45 of Protocol I
may apply to the Supreme Court of the State or Territory in which the person
is held in custody for a declaration that he or she has the status of a
protected prisoner of war.

"(2) The jurisdiction of a Court for the purposes of this section is
constituted by a single Judge.

"(3) Subject to subsection (4), the jurisdiction of the Court is to be
exercised in open court.

"(4) The Court may order the exclusion of the public or persons specified by
the Court from a sitting of the Court where the Court is satisfied that the
presence of the public or those persons, as the case may be, would be contrary
to the interests of justice or would not be in the public interest.".