NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object of this Act
- 4 Extension of Act to external Territories
- 5 Act binds Crown
- 6 Application of Act to federal criminal proceedings
- 6A Application of Act to civil proceedings
PART 2--INTERPRETATION
Division 1--Definitions
Division 2--National security and related definitions
- 8 Meaning of national security
- 9 Meaning of security
- 10 Meaning of international relations
- 11 Meaning of law enforcement interests
Division 3--Federal criminal proceeding and related definitions
- 13 Meaning of criminal proceeding
- 14 Meaning of federal criminal proceeding
- 15 Meaning of defendant in relation to a federal criminal proceeding
Division 3A--Civil proceeding definition
- 15A Meaning of civil proceeding
Division 4--Other interpretation provisions
- 16 Disclosure of information in permitted circumstances
- 17 Meaning of likely to prejudice national security
- 18 Operation of other Acts etc.
- 19 General powers of a court
- 20 When an order of a court ceases to be subject to appeal
PART 3--PROTECTION--OF INFORMATION WHOSE DISCLOSURE IN FEDERAL CRIMINAL PROCEEDINGS IS LIKELY TO PREJUDICE ETC. NATIONAL SECURITY
Division 1A--Attorney-General etc. may attend and be heard at federal criminal proceedings
- 20A Attorney - General etc. may attend and be heard at federal criminal proceedings
Division 1B--Court to consider hearing in camera etc.
- 20B Court to consider hearing in camera etc.
Division 1--Management of information in federal criminal proceedings
- 21 National security information hearings
- 22 Arrangements for federal criminal proceedings about disclosures etc. of national security information
- 23 Protection of national security information disclosed in a federal criminal proceeding
Division 2--Attorney-General's certificates for protection of information in federal criminal proceedings
Subdivision A--Notifying Attorney-General etc. of expected disclosure in federal criminal proceedings- 24 Notification of expected disclosure of national security information Subdivision B--Notifying Attorney-General etc. where disclosure expected by witness answering question in federal criminal proceedings
- 25 Preventing witnesses from disclosing information in federal criminal proceedings by not allowing them to answer questions Subdivision C--Attorney-General's federal criminal proceedings certificates
- 26 Attorney - General's criminal non - disclosure certificate
- 27 Consequences of Attorney - General giving criminal non - disclosure certificate
- 28 Attorney - General's criminal witness exclusion certificate
Division 3--Closed hearings and non-disclosure or witness exclusion orders in federal criminal proceedings
- 29 Closed hearing requirements in federal criminal proceedings
- 29A Request to delay making record available pending appeal decision
- 31 Court orders in federal criminal proceedings
- 32 Reasons for court orders
- 33 Request to delay giving section 32 statement pending appeal decision
- 34 Period of operation of court orders
- 35 Consequence of certain court orders
- 36 Adjournment after certain court orders
Division 4--Appeals in federal criminal proceedings
- 36A Appeal against court decision under section 29
- 37 Appeals against court orders under section 31
- 38 Appeal against court decisions under section 32
PART 3A--PROTECTION--OF INFORMATION WHOSE DISCLOSURE IN CIVIL PROCEEDINGS IS LIKELY TO PREJUDICE ETC. NATIONAL SECURITY
Division 1A--Attorney-General etc. may attend and be heard at civil proceedings
- 38AA Attorney - General etc. may attend and be heard at civil proceedings
Division 1B--Court to consider hearing in camera etc.
- 38AB Court to consider hearing in camera etc.
Division 1--Management of information in civil proceedings
- 38A National security information hearings
- 38B Arrangements for civil proceedings about disclosures etc. of national security information
- 38C Protection of national security information disclosed in a civil proceeding
Division 2--Attorney-General's certificates for protection of information in civil proceedings
Subdivision A--Notifying Attorney-General etc. of expected disclosure in civil proceedings- 38D Notification of expected disclosure of national security information Subdivision B--Notifying Attorney-General etc. where disclosure expected by witness answering question in civil proceedings
- 38E Preventing witnesses from disclosing information in civil proceedings by not allowing them to answer questions Subdivision C--Attorney-General's civil proceedings certificates
- 38F Attorney - General's civil non - disclosure certificate
- 38G Consequences of Attorney - General giving civil non - disclosure certificate
- 38H Attorney - General's civil witness exclusion certificate
Division 3--Closed hearings and non-disclosure or witness exclusion orders in civil proceedings
Subdivision A--Closed hearing requirements- 38I Closed hearing requirements in civil proceedings Subdivision B--Orders
- 38J Special court orders in control order or extended supervision order proceedings
- 38L Court orders in civil proceedings
- 38M Reasons for court orders
- 38N Request to delay giving section 38M statement pending appeal decision
- 38O Period of operation of court orders
- 38P Adjournment after certain court orders Subdivision C--Special advocates in control orderor extended supervision orderproceedings
- 38PA Appointment of special advocate
- 38PB Function of special advocate
- 38PC Relationship of special advocate and relevant person
- 38PD Communication before disclosure of information to special advocate by Attorney - General
- 38PE Disclosure of information to special advocate by Attorney - General
- 38PF Communication after disclosure of information to special advocate by Attorney - General
- 38PG Communication after end of proceeding or by or to former special advocate
- 38PH Hearings under subsection 38G(1) or 38H(6)
- 38PI Regulations
Division 4--Appeals in civil proceedings
- 38Q Appeal against court decision under section 38I
- 38R Appeals against court orders under section 38J or 38L
- 38S Appeal against court decisions under section 38M
PART 4--SECURITY--CLEARANCES
Division 1--Security clearances required in federal criminal proceedings
Division 2--Security clearances required in civil proceedings
- 39A Security clearance for parties etc. to a civil proceeding
PART 5--OFFENCES
Division 1--Offences relating to federal criminal proceedings
- 40 Offence to disclose information before Attorney - General gives criminal non - disclosure certificate etc. under section 26
- 41 Offence to disclose information before Attorney - General gives criminal witness exclusion certificate etc. under section 28
- 42 Offence to contravene requirement to notify Attorney - General etc. under sections 24 and 25
- 43 Offence to disclose information contrary to Attorney - General's criminal non - disclosure certificate given under section 26
- 44 Offence to call witness contrary to Attorney - General's criminal witness exclusion certificate given under section 28
- 45 Offence to contravene court order
- 45A Offence to contravene regulations
- 46 Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.
Division 2--Offences relating to civil proceedings
- 46A Offence to disclose information before Attorney - General gives civil non - disclosure certificate etc. under section 38F
- 46B Offence to disclose information before Attorney - General gives civil witness exclusion certificate etc. under section 38H
- 46C Offence to contravene requirement to notify Attorney - General etc. under sections 38D and 38E
- 46D Offence to disclose information contrary to Attorney - General's civil non - disclosure certificate given under section 38F
- 46E Offence to call witness contrary to Attorney - General's civil witness exclusion certificate given under section 38H
- 46F Offence to contravene court order
- 46FA Offence to contravene regulations
- 46G Offence to disclose information in civil proceedings to certain persons without security clearance etc.
- 46H Offences relating to special advocates in control order or extended supervision order proceedings