Page:Administration of Justice (Protection) Act 2016.pdf/22

Rh (6) The Attorney-General may at any time suspend or cancel the direction.

(7) Leave of the High Court must be granted if the High Court is satisfied that—
 * (a) on the basis of a prima facie case that the person to whom the proposed direction will apply has published the matter specified in the proposed direction;
 * (b) on the basis of a prima facie case that the publication of such matter—
 * (i) imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and poses a risk that public confidence in the administration of justice would be undermined;
 * (ii) prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
 * (iii) otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
 * (c) any exception or condition specified in the proposed direction is just and equitable.

(8) An application for leave must be made in such manner as may be prescribed in Rules of Court or Family Justice Rules except that—
 * (a) the application must be heard without the presence of the person to whom the proposed direction applies or the author of the matter specified in the proposed direction; and
 * (b) the Attorney-General is not required to give the publisher notice of the application before the hearing of the application.

(9) The person to whom the direction applies, or the author of the matter specified in the direction, may apply to the High Court to set