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Wednesday, 1 December 2004
Page: 21

Senator GREIG (11:02 AM) —Greens amendment (7) removes the requirement that, in balancing the competing interests of protecting national security and the defendant's right to a fair trial, the court must give more weight to the protection of national security. We can agree with that and we would agree with Senator Brown that this is a particular matter which should be left to the discretion of the court to determine on the circumstances of each case. In this circumstance we do not support a legislative requirement to certainly give more weight to one consideration over the other, particularly when the right to a fair trial is at stake.