2004-2005

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

NATIONAL SECURITY INFORMATION LEGISLATION AMENDMENT BILL 2005

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on behalf of the Government

 

 

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Philip Ruddock MP)

NATIONAL SECURITY INFORMATION

LEGISLATION AMENDMENT BILL 2005

 

 

GENERAL OUTLINE

 

The amendment to the National Security Information Legislation Amendment Bill 2005 (the Bill) changes the meaning of ‘civil proceeding’

 

The amendment removes the references to a federal criminal proceeding and to contempt proceedings.  The effect of this amendment is to define ‘civil proceeding’ to mean any proceeding in a Commonwealth, State or Territory court except a criminal proceeding.

 

 

Financial impact

 

The Bill is not expected to have a direct financial impact.

NOTES ON CLAUSES

 

Item 1

 

Schedule 1, item 11

 

Item 1 amends the definition of ‘civil proceeding’ to mean any proceeding in a Commonwealth, State or Territory court except a criminal proceeding. 

 

This amendment removes the reference to a federal criminal proceeding, which in turn, rectifies an oversight that would have meant that a civil proceeding includes a criminal proceeding under a State or Territory law. 

 

The amendment also removes the reference to a contempt proceeding.  This reference is unnecessary because civil proceedings are defined to mean proceedings which are not criminal proceedings.  Statutory contempt offences would fall within the definition of criminal proceeding under the National Security Information (Criminal Proceedings) Act 2004 .  In contrast, contempt punishable under the inherent powers of a court would fall outside the definition of a criminal proceeding and would therefore constitute a civil proceeding.