Federal Register of Legislation - Australian Government

Primary content

SLI 2006 No. 197 Regulations as made
These Regulations clarify that when a section 22 order or arrangement is in place in relation to the storage, handling, destruction, access and preparation of information relating to national security, the requirements set out in the Regulations and the 'Requirements for the Protection of National Security Information in Federal Criminal Proceedings and Civil Proceedings' do not apply.
Administered by: Attorney-General's
Registered 27 Jul 2006
Tabling HistoryDate
Tabled HR08-Aug-2006
Tabled Senate08-Aug-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

National Security Information (Criminal and Civil Proceedings) Amendment Regulations 2006 (No. 2)1

Select Legislative Instrument 2006 No. 197

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Security Information (Criminal and Civil Proceedings) Act 2004.

Dated 27 July 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the National Security Information (Criminal and Civil Proceedings) Amendment Regulations 2006 (No. 2).

2              Commencement

                These Regulations commence on 28 July 2006.

3              Amendment of National Security Information (Criminal and Civil Proceedings) Regulations 2005

                Schedule 1 amends the National Security Information (Criminal and Civil Proceedings) Regulations 2005.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 3, definition of Requirements for the Protection of National Security Information

substitute

Requirements for the Protection of National Security Information means the document titled ‘Requirements for the Protection of National Security Information in Federal Criminal Proceedings and Civil Proceedings’, issued by the Attorney-General’s Department and as in force on 28 July 2006.

Note   This document is available from the Attorney-General’s Department, or at www.nationalsecurity.gov.au — select the link to the Legislation page, and then select the National Security Information (Criminal and Civil Proceedings) Act 2004 hyperlink.

[2]           Regulation 4

substitute

4              Definitions

                In this Part:

arrangement means an arrangement under subsection 22 (1) of the Act.

order means an order made by a court under subsection 22 (2) of the Act.

4A           Protection of certain information disclosed in a federal criminal proceeding — storage, handling or destruction

         (1)   For paragraph 23 (1) (a) of the Act, national security information must be stored, handled or destroyed in accordance with the Requirements for the Protection of National Security Information.

         (2)   This regulation does not apply to national security information the disclosure of which is the subject of an arrangement or order relating to the storage, handling or destruction of that information.

4B           Protection of certain information disclosed in a federal criminal proceeding — access to information

         (1)   For paragraph 23 (1) (b) of the Act, the ways in which, and the places at which, national security information may be accessed are as set out in the Requirements for the Protection of National Security Information.

         (2)   This regulation does not apply to national security information the disclosure of which is the subject of an arrangement or order relating to the ways in which, and the places at which, that information may be accessed.

4C           Protection of certain information disclosed in a federal criminal proceeding — preparation of documents or records relating to information

         (1)   For paragraph 23 (1) (b) of the Act, the ways in which, and the places at which, documents or records relating to national security information may be prepared are as set out in the Requirements for the Protection of National Security Information.

         (2)   This regulation does not apply to national security information the disclosure of which is the subject of an arrangement or order relating to the ways in which, and the places at which, documents or records relating to that information may be prepared.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.