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

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.