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National Security Information (Criminal and Civil Proceedings) Act 2004
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Attorney-General's Department
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C2022C00001 C10
09 December 2021
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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 to federal criminal proceedings
6A Application of Act to civil proceedings
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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 in relation to a federal criminal proceeding
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Division 3A—Civil proceeding definition
15A Meaning of civil proceeding
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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 in federal criminal proceedings is likely to prejudice etc. national security
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Division 1A—Attorney-General etc. may attend and be heard at federal criminal proceedings
20A Attorney-General etc. may attend and be heard at federal criminal proceedings
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Division 1B—Court to consider hearing in camera etc.
20B Court to consider hearing in camera etc.
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Division 1—Management of information in federal criminal proceedings
21 National security information hearings
22 Arrangements for federal criminal proceedings about disclosures etc. of national security information
23 Protection of national security information disclosed in a federal criminal proceeding
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Division 2—Attorney-General’s certificates for protection of information in federal criminal proceedings
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Subdivision A—Notifying Attorney-General etc. of expected disclosure in federal criminal proceedings
24 Notification of expected disclosure of national security information
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Subdivision B—Notifying Attorney-General etc. where disclosure expected by witness answering question in federal criminal proceedings
25 Preventing witnesses from disclosing information in federal criminal proceedings by not allowing them to answer questions
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Subdivision C—Attorney-General’s federal criminal proceedings certificates
26 Attorney-General’s criminal non-disclosure certificate
27 Consequences of Attorney-General giving criminal non-disclosure certificate
28 Attorney-General’s criminal witness exclusion certificate
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Division 3—Closed hearings and non-disclosure or witness exclusion orders in federal criminal proceedings
29 Closed hearing requirements in federal criminal proceedings
29A Request to delay making record available pending appeal decision
31 Court orders in federal criminal proceedings
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 in federal criminal proceedings
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 3A—Protection of information whose disclosure in civil proceedings is likely to prejudice etc. national security
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Division 1A—Attorney-General etc. may attend and be heard at civil proceedings
38AA Attorney-General etc. may attend and be heard at civil proceedings
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Division 1B—Court to consider hearing in camera etc.
38AB Court to consider hearing in camera etc.
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Division 1—Management of information in civil proceedings
38A National security information hearings
38B Arrangements for civil proceedings about disclosures etc. of national security information
38C Protection of national security information disclosed in a civil proceeding
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Division 2—Attorney-General’s certificates for protection of information in civil proceedings
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Subdivision A—Notifying Attorney-General etc. of expected disclosure in civil proceedings
38D Notification of expected disclosure of national security information
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Subdivision B—Notifying Attorney-General etc. where disclosure expected by witness answering question in civil proceedings
38E Preventing witnesses from disclosing information in civil proceedings by not allowing them to answer questions
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Subdivision C—Attorney-General’s civil proceedings certificates
38F Attorney-General’s civil non-disclosure certificate
38G Consequences of Attorney-General giving civil non-disclosure certificate
38H Attorney-General’s civil witness exclusion certificate
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Division 3—Closed hearings and non-disclosure or witness exclusion orders in civil proceedings
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Subdivision A—Closed hearing requirements
38I Closed hearing requirements in civil proceedings
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Subdivision B—Orders
38J Special court orders in control order or extended supervision order proceedings
38L Court orders in civil proceedings
38M Reasons for court orders
38N Request to delay giving section 38M statement pending appeal decision
38O Period of operation of court orders
38P Adjournment after certain court orders
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Subdivision C—Special advocates in control order or extended supervision order proceedings
38PA Appointment of special advocate
38PB Function of special advocate
38PC Relationship of special advocate and relevant person
38PD Communication before disclosure of information to special advocate by Attorney-General
38PE Disclosure of information to special advocate by Attorney-General
38PF Communication after disclosure of information to special advocate by Attorney-General
38PG Communication after end of proceeding or by or to former special advocate
38PH Hearings under subsection 38G(1) or 38H(6)
38PI Regulations
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Division 4—Appeals in civil proceedings
38Q Appeal against court decision under section 38I
38R Appeals against court orders under section 38J or 38L
38S Appeal against court decisions under section 38M
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Part 4—Security clearances
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Division 1—Security clearances required in federal criminal proceedings
39 Security clearance for defendant’s legal representative etc.
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Division 2—Security clearances required in civil proceedings
39A Security clearance for parties etc. to a civil proceeding
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Part 5—Offences
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Division 1—Offences relating to federal criminal proceedings
40 Offence to disclose information before Attorney-General gives criminal non-disclosure certificate etc. under section 26
41 Offence to disclose information before Attorney-General gives criminal witness exclusion certificate etc. under section 28
42 Offence to contravene requirement to notify Attorney-General etc. under sections 24 and 25
43 Offence to disclose information contrary to Attorney-General’s criminal non-disclosure certificate given under section 26
44 Offence to call witness contrary to Attorney-General’s criminal witness exclusion certificate given under section 28
45 Offence to contravene court order
45A Offence to contravene regulations
46 Offence to disclose information in federal criminal proceedings to certain persons without security clearance etc.
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Division 2—Offences relating to civil proceedings
46A Offence to disclose information before Attorney-General gives civil non-disclosure certificate etc. under section 38F
46B Offence to disclose information before Attorney-General gives civil witness exclusion certificate etc. under section 38H
46C Offence to contravene requirement to notify Attorney-General etc. under sections 38D and 38E
46D Offence to disclose information contrary to Attorney-General’s civil non-disclosure certificate given under section 38F
46E Offence to call witness contrary to Attorney-General’s civil witness exclusion certificate given under section 38H
46F Offence to contravene court order
46FA Offence to contravene regulations
46G Offence to disclose information in civil proceedings to certain persons without security clearance etc.
46H Offences relating to special advocates in control order or extended supervision order proceedings
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Part 6—Miscellaneous
47 Annual report
48 Rules of court
49 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history