National Security Information (Criminal Proceedings) Amendment Regulations 2005 (No. 2) (Cth)
National Security Information (Criminal Proceedings) Amendment Regulations 2005 (No. 2) 1
Select Legislative Instrument 2005 No. 165
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
National Security Information (Criminal Proceedings) Act 2004 .Dated 21 July 2005
P. M. JEFFERY
Governor-General
By His Excellency’s Command
PHILIP RUDDOCK
Attorney-General
These Regulations are the
National Security Information (Criminal Proceedings) Amendment Regulations 2005 (No. 2) .
These Regulations commence on the commencement of Schedule 1 to the
National Security Information Legislation Amendment Act 2005 .
3 Amendment of National Security Information (Criminal Proceedings) Regulations 2005 Schedule 1 amends the
National Security Information (Criminal Proceedings) Regulations 2005 .
(regulation 3)
insert
omit the
National Security Information (Criminal Proceedings) Regulations 2005 .
insert the
National Security Information (Criminal and Civil Proceedings) Regulations 2005 .
substitute
Act means theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
[ 4 ] Regulation 3, definition of national security information , paragraph (b)
omit in a federal criminal proceeding.
insert in a federal criminal proceeding or a civil proceeding.
[ 5 ] Regulation 3, definition of Requirements for the Protection of National Security Information , except the note
substitute
Requirements for the Protection of National Security Information means the document titled ‘Requirements for the Protection of National Security Information in Federal Criminal Proceedings and Civil Proceedings’, issued by the Attorney-General’s Department and as in force on the commencement of Schedule 1 to theNational Security Information Legislation Amendment Act 2005 .
insert
Part 2 Protection of information in federal criminal proceedings
substitute
5 Notice by prosecutor or defendant of expected disclosure in a federal criminal proceeding of information relating to or affecting national security
omit the form of notice
insert Form 1
substitute
6 Closed hearing requirements in federal criminal proceedings — access to record of hearing by legal representative of defendant
insert
Part 3 Protection of information in civil proceedings
7 Protection of certain information disclosed in a civil proceeding
(1) For paragraph 38C (1) (a) of the Act, national security information must be stored, handled or destroyed in accordance with the applicable standards set out in the Requirements for the Protection of National Security Information.
Note The applicable method is determined by reference to the classification of the relevant information.
(2) For paragraph 38C (1) (b) of the Act:
(a) the ways in which, and the places at which, national security information may be accessed are as provided by the Requirements for the Protection of National Security Information; and
(b) the ways in which, and the places at which, documents and records relating to national security information may be prepared are as provided by the Requirements for the Protection of National Security Information.
8 Notice by party to a civil proceeding of expected disclosure in the proceeding of information relating to or affecting national security For paragraph 38D (3) (a) of the Act, Form 2 set out in Schedule 1 is prescribed.
9 Closed hearing requirements in civil proceedings — access to record of hearing by party to the proceedings or party’s legal representative For paragraph 38I (9) (a) of the Act:
(a) the ways in which, and the places at which, the record of the hearing mentioned in subparagraph 38I (9) (a) (iii) or (iv), as applicable, may be accessed are as provided by the Requirements for the Protection of National Security Information; and
(b) the ways in which, and the places at which, documents and records in relation to that record may be prepared are as provided by the Requirements for the Protection of National Security Information.
substitute
(regulations 5 and 8)
Form 1 Notice of expected disclosure in a federal criminal proceeding of information relating to or affecting national security
COMMONWEALTH OF AUSTRALIA
NOTICE BY *PROSECUTOR/*DEFENDANT OF EXPECTED DISCLOSURE IN A FEDERAL CRIMINAL PROCEEDING OF INFORMATION RELATING TO OR AFFECTING NATIONAL SECURITY
TO The Attorney-General
1. I, [
name ], am *the prosecutor/*the defendant in the following federal criminal proceeding: [name or description of proceeding ].2. I give notice under section 24 of the
National Security Information (Criminal and Civil Proceedings) Act 2004 that I *know/*believe that:*(a) I will disclose, in the federal criminal proceeding, information that relates to national security.
*(b) I will disclose information in the federal criminal proceeding and the disclosure may affect national security.
*(c) The person known as [
name or code ] whom *I intend/*the prosecutor intends/*the defendant intends to call as a witness in the federal criminal proceeding will disclose information *in giving evidence/*by the person’s mere presence, and:*(i) the information relates to national security; or
*(ii) the disclosure may affect national security.
*3. The information that will be disclosed is [
include a description of the information ]. OR
*3. The information that will be disclosed is contained in the following *document/*documents: [
give details of each document, for example, the title, author and date of issue, if applicable ].A copy of each document, or the relevant extract from each document that contains the information, accompanies this notice.
Dated:
……………………………………….
[
Form 2 Notice of expected disclosure in a civil proceeding of information relating to or affecting national security
COMMONWEALTH OF AUSTRALIA
NOTICE BY PARTY OF EXPECTED DISCLOSURE IN A CIVIL PROCEEDING OF INFORMATION RELATING TO OR AFFECTING NATIONAL SECURITY
TO *The Attorney-General/*The Minister appointed under subsection 6A (3) of the
1. I, [
name ], am a party to the following civil proceeding: [name or description of proceeding ].2. I give notice under section 38D of the
National Security Information (Criminal and Civil Proceedings) Act 2004 that I *know/*believe that:*(a) I will disclose, in the civil proceeding, information that relates to national security.
*(b) I will disclose information in the civil proceeding and the disclosure may affect national security.
*(c) The person known as [
name or code ] whom I intend to call as a witness in the civil proceeding will disclose information *in giving evidence/*by the person’s mere presence, and:*(i) the information relates to national security; or
*(ii) the disclosure may affect national security.
*3. The information that will be disclosed is [
include a description of the information ]. OR
*3. The information that will be disclosed is contained in the following *document/*documents: [
give details of each document, for example, the title, author and date of issue, if applicable ].A copy of each document, or the relevant extract from each document that contains the information, accompanies this notice.
Dated:
……………………………………….
[
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the
Legislative Instruments Act 2003. See
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