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Title

NATIONAL SECURITY INFORMATION (CRIMINAL PROCEEDINGS) BILL 2004

NATIONAL SECURITY INFORMATION (CRIMINAL PROCEEDINGS) (CONSEQUENTIAL AMENDMENTS) BILL 2004

In Committee

Database

Senate Hansard

Date

01-12-2004

Source

Senate

Parl No.

41

Electorate

Tasmania

Interjector

CHAIRMAN, The

Page

20

Party

AG

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

Brown, Sen Bob

Stage

In Committee

Type

 

Context

Bills

System Id

chamber/hansards/2004-12-01/0049


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Wednesday, 1 December 2004
Page: 20


Senator BROWN (10:58 AM) —I move Greens amendment (7), as follows:

(7) Clause 31, page 27 (lines 5 and 6), omit subclause (8).

This amendment effectively removes the provision under clause 31(8), which reads:

In making its decision, the Court must give greatest weight to the matter mentioned in paragraph (7)(a).

That matter is one of national security against the defendant's right to a fair hearing. It would be interesting to hear from the minister how a court would give greatest weight to taking away the right of a defendant to a fair hearing. Either you take it away or you do not. I presume that this means that the defendant's right to a fair hearing is overridden by the government's decision that the matter is one of national security. Is there any other way, measure or indication that the government has as to how this weighting is transferred from the right of the defendant to a fair hearing to national security?