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Tuesday, 30 November 2004
Page: 84


Senator LUDWIG (Manager of Opposition Business in the Senate) (6:06 PM) —I move opposition amendment (1) on sheet 4432:

(1) Clause 7, page 5 (after line 6), after the definition of security, insert:

substantial adverse effect means not insubstantial, insignificant or trivial.

Clause 19(2) has been amended to conform with the obligation placed on the court under clause 31 of the bill to consider a defendant's ability to receive a fair hearing if an order is made by a court about the disclosure or nondisclosure of information in a closed hearing. Clause 31(7) outlines the factors that a court must consider when making orders under that clause. Clause (7)(a) in particular requires consideration of whether any such order would have a substantial adverse effect on a defendant's right to receive a fair hearing, including in particular on the conduct of his or her defence. In consultation with the Law Council of Australia, clause 19(2) has been amended to reinforce that a court will not be prevented from ordering that a federal criminal proceedings be stayed following the making of an order under clause 31 if that order would have a substantial adverse effect on a defendant's right to receive a fair trial. This amendment provides clarification of the importance of the bill in protecting not only the interests of national security but also the right of a defendant to receive a fair trial.