NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 7 Definitions

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 7

    In this Act, unless the contrary intention appears:

"apply" to the court means apply to the court either orally or in writing.

"CDO" or continuing detention order means a continuing detention order made under Division   105A of the Criminal Code .

"ceases to be subject to appeal" has the meaning given by section   20.

"civil proceeding" has the meaning given by section   15A.

"control order" has the meaning given by section   100.1 of the Criminal Code .

"court official" means an individual who:

  (a)   is employed or engaged by a court to perform services in the court in relation to a proceeding in the court; or

  (b)   in relation to a federal criminal proceeding in a court--supervises the defendant in the court.

"criminal proceeding" has the meaning given by section   13.

"defendant" , in relation to a federal criminal proceeding, has the meaning given by subsection   15(1).

"disclose" information in a criminal proceeding or a civil proceeding means:

  (a)   give the information in evidence in the proceeding; or

  (b)   otherwise disclose the information to the court conducting the proceeding or to any person for the purposes of the proceeding;

whether orally or by giving, or disclosing the contents of, a document.

Division 105A ESO proceeding means a proceeding under Division " " 105A of the Criminal Code in relation to an application:

  (a)   for an extended supervision order in relation to a terrorist offender; or

  (b)   for a variation of an extended supervision order in relation to a terrorist offender; or

  (c)   for a review of an extended supervision order in relation to a terrorist offender; or

  (d)   to a Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender if, in the proceeding:

  (i)   the Court is not satisfied as mentioned in paragraph   105A.7(1)(b) or (c) of the Code; and

  (ii)   the Court is considering making an extended supervision order as mentioned in paragraph   105A.7(2)(b).

Note:   See also the definition of ESO or extended supervision order in this section.

"document" has the same meaning as in the Evidence Act 1995 .

"ESO" or extended supervision order means:

  (a)   an order made under subsection   105A.7A(1) of the Criminal Code ; or

  (b)   an interim supervision order made under Division   105A of the Criminal Code .

"federal criminal proceeding" has the meaning given by section   14.

"information" means information as defined in subsection   90.1(1) of the Criminal Code , whether or not in the public domain.

"in permitted circumstances" has the meaning given by section   16.

"international relations" has the meaning given by section   10.

"law enforcement interests" has the meaning given by section   11.

"likely to prejudice national security" has the meaning given by section   17.

"national security" has the meaning given by section   8.

"national security information" means information:

  (a)   that relates to national security; or

  (b)   the disclosure of which may affect national security.

"prosecutor" , in relation to a federal criminal proceeding, means the Director of Public Prosecutions or a person representing the Director in relation to the proceeding.

"security" has the meaning given by section   9.

"special advocate" , of a party to a civil proceeding, has the meaning given by subsection   38PA(1).

"substantial adverse effect" means an effect that is adverse and not insubstantial, insignificant or trivial.

"terrorist offender" has the meaning given by section   105A.2 of the Criminal Code .

"trial" includes a proceeding for the summary conviction of a person.