2004

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

NATIONAL SECURITY INFORMATION (CRIMINAL PROCEEDINGS) BILL 2004

 

 

 

 

 

 

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

(CRIMINAL PROCEEDINGS) BILL 2004

 

GENERAL OUTLINE

 

The amendments to the National Security Information (Criminal Proceedings) Bill 2004 (the Bill) seek to remove all references to ‘national interests’ from the Bill.

 

The amendments respond to criticisms in the report of the Senate Legal and Constitutional Legislation Committee dated 19 August 2004 about the breadth of the definition of ‘national security’.  This definition is central to the operation of the Bill as it is used as the basis for non-disclosure of information in criminal proceedings. 

 

‘National security’ is defined to mean ‘Australia’s defence, security, international relations, law enforcement interests or national interests’.  The amendments will remove the references to ‘national interests’ from the definition of ‘national security’ and the Bill as a whole.

 

The effect of these amendments is to define ‘national security’ more narrowly. 

 

 

Financial impact

 

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

NOTES ON CLAUSES

 

Item 1

 

Clause 7: Definitions

 

Item 1 removes the definition of national interests .

 

Item 2

 

Clause 8: Meaning of national security

 

Item 2 removes the reference to ‘national interests’ from the definition of national security .

 

The effect of this item is to narrow the definition of national security and therefore limit the information to which the Bill will apply.

 

Item 3

 

Clause 12: Meaning of national interests

 

Item 3 removes clause 12 which defines national interests .