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National Security Information (Criminal Proceedings) Bill 2004

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4432-

REVISED

2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

National Security Information (Criminal Proceedings) Bill 2004

 

 

 

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

substantial adverse effect means not insubstantial, insignificant or trivial.

[definition]

(2)     Clause 19, page 10 (line 28) to page 11 (line 2), omit subclause (2), substitute:

             (2)  An order under section 31 does not prevent the court from later ordering that the federal criminal proceeding be stayed on a ground involving the same matter, including that an order made under section 31 would have a substantial adverse effect on a defendant’s right to receive a fair hearing.

[general powers of court]

(3)     Clause 29, page 24 (after line 7), after subclause (3), insert:

          (3A)  In considering whether to make an order under subsection (3) in relation to a legal representative of the defendant, the matters the court should consider include but are not limited to:

                     (a)  the period in active practice without either previous criminal convictions or adverse findings in disciplinary matters;

                     (b)  previous experience in handling confidential information;

                     (c)  the effectiveness of any implied or express undertaking to only use such information for the purpose of defending an accused in the relevant court proceedings.

[general hearing requirements]

(4)     Clause 29, page 24 (lines 18 to 21), omit subclause (5), substitute:

             (5)  The court must make the record available to, and only to:

                     (a)  a court that hears an appeal against, or reviews, its decision on the hearings; and

                     (b)  the parties to proceedings, unless the court determines that the provision of the record or part of the record to the parties would prejudice national security.

[closed hearing requirements]

(5)     Clause 29, page 24 (after line 21) at the end of the clause, add:

             (6)  Notwithstanding subsection (5), if a court makes an order under subsection 31(5), the court may make the record of the closed hearing, or part of the record of the closed hearing, available to the public, unless the court determines that the publication of the record or part of the record would prejudice national security.

[closed hearing requirements]