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National Security Information (Criminal Proceedings) Act 2004
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Attorney-General's Department
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C2004A01385
14 December 2004
-
20 March 2005
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Extension of Act to external Territories
5 Act binds Crown
6 Application of Act
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Part 2—Interpretation
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Division 1—Definitions
7 Definitions
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Division 2—National security and related definitions
8 Meaning of national security
9 Meaning of security
10 Meaning of international relations
11 Meaning of law enforcement interests
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Division 3—Federal criminal proceeding and related definitions
13 Meaning of criminal proceeding
14 Meaning of federal criminal proceeding
15 Meaning of defendant
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Division 4—Other interpretation provisions
16 Disclosure of information in permitted circumstances
17 Meaning of likely to prejudice national security
18 Operation of other Acts etc.
19 General powers of a court
20 When an order of a court ceases to be subject to appeal
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Part 3—Protection of information whose disclosure is likely to prejudice etc. national security
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Division 1—Management of information
21 Pre-trial conferences
22 Arrangements about disclosures relating to or affecting national security
23 Protection of certain information disclosed in a proceeding
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Division 2—Attorney-General’s certificates for protection of information
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Subdivision A—Notifying Attorney-General etc. of expected disclosure
24 Prosecutor and defendant must notify expected disclosure of information relating to or affecting national security
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Subdivision B—Notifying Attorney-General etc. where disclosure expected by witness answering question
25 Preventing witnesses from disclosing information by not allowing them to answer questions
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Subdivision C—Attorney-General’s certificates
26 Attorney-General’s non-disclosure certificate
27 Consequences of Attorney-General giving non-disclosure certificate
28 Attorney-General’s witness exclusion certificate
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Division 3—Closed hearings and non-disclosure or witness exclusion orders
29 Closed hearing requirements
29A Request to delay making record available pending appeal decision
30 Intervention by Attorney-General
31 Court orders
32 Reasons for court orders
33 Request to delay giving section 32 statement pending appeal decision
34 Period of operation of court orders
35 Consequence of certain court orders
36 Adjournment after certain court orders
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Division 4—Appeals
36A Appeal against court decision under section 29
37 Appeals against court orders under section 31
38 Appeal against court decisions under section 32
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Part 4—Security clearances
39 Security clearance for defendant’s legal representative etc.
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Part 5—Offences
40 Offence to disclose information before Attorney-General gives non-disclosure certificate etc.
41 Offence to disclose information before Attorney-General gives witness exclusion certificate etc.
42 Offence to contravene requirement to notify Attorney-General etc.
43 Offence to disclose information contrary to Attorney-General’s non-disclosure certificate
44 Offence to call witness contrary to Attorney-General’s witness exclusion certificate
45 Offence to contravene court order
46 Offence to disclose information to certain persons without security clearance etc.
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Part 6—Miscellaneous
47 Report to Parliament on certificates given by Attorney-General etc.
48 Rules of court
49 Regulations