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National Security Information (Criminal and Civil Proceedings) Act 2004—Non-disclosure and witness exclusion certificates, special court orders and special advocates—Report for 2020-21


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National Security Information (Criminal and Civil Proceedings) Act 2004

Annual Report

2020-2021

ISBN: 978-1-921091-87-2 (Online) ISBN: 978-1-921091-88-9 (Print)

© Commonwealth of Australia 2021

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National Security Information (Criminal and Civil Proceedings) Act 2004

Annual Report

2020-2021

Non-disclosure and witness exclusion certificates, special court orders and special advocates National Security Information (Criminal and Civil Proceedings) Act 2004

Annual Report 2020-2021

The Attorney-General is required by section 47 of the National Security Information (Criminal and Civil Proceedings) Act 2004 to provide a report to Parliament in respect of non-disclosure and witness exclusion certificates given during the year ending on 30 June 2021 under sections 26, 28, 38F and 38H of the Act, and special court orders and special advocate appointments made in control order proceedings (Division 104 of the Criminal Code) under sections 38J and 38PA of the Act.

Section 47 requires the report to state the number of certificates given by the Attorney-General, and the number of certificates given by the Minister appointed by the Attorney-General under section 6A, and to identify the criminal and civil proceedings to which the certificates relate. Section 47 also requires the report to state the number of special court orders made under section 38J and the number of special advocates appointed under section 38PA, and the control order proceedings to which the orders and appointments relate.

Non-disclosure and witness exclusion certificates issued in 2020-2021

Matter Number of certificates

issued

Issuing Minister

David William McBride v Commonwealth Director of Public Prosecutions SC 119 of 2021

(previously SCC127 2019) [ACT Supreme Court]

1 (non-disclosure certificate under section 38F) Attorney-General Senator the Hon Michaelia

Cash

Special court orders made in 2020-2021

Control order proceeding Number of special court orders made

- 0

Appointment of special advocates in 2020-2021

Control order proceeding Number of special advocates appointed

- 0