Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) civil proceeding;
(b) court official;
(c) document;
(d ) federal criminal proceeding;
(e ) national security information ;
(f) special advocate.
In this instrument :
"Act" means the National Security Information (Criminal and Civil Proceedings ) Act 2004 .
"approved information and communications technology equipment" , for a security classified document or national security information to which a particular security classification is , or is to be, assigned , means information and communications technology equipment that is supplied, o r approved, by the Commonwealth for security classified documents or nationa l security information to which that security classification is , or is to be, assigned.
"authorised" recipient , in relation to a security classified document or national security information , means a person to whom the document or information has been disclosed, or may be disclosed , in a federal crimi nal proceeding or a civil proceeding in accordance with :
(a) a certificate, hearing, decision, notice , order or other process under the Act; or
(b) an order or process of the court in the proceeding; or
(c ) a written authorisation given by the Attorney - General or a representative of the Attorney - Genera l in the proceeding;
but does not include a judicial officer.
"Class B security container" means a security container that is fitted with an SCEC - endorsed combination lock .
"classified document register" means a register that includes details about security classified documents that are received , created, prepared or transferred in hard copy form .
Note: See section 15 .
"copy" means to record or reproduce information in any medium.
"Deputy Director-General of Security" means a person who holds, or is acting in, a position known as Deputy Director - General of Security.
"Director-General of Security" means the Director - General of Security holding office under the Australian Security Intelligence Organisation Act 1979 .
"discrete" area means an area within an enclosed building or office where:
(a) public access is restricted; and
(b) access by employees is controlled; and
(c ) access by visitors is strictly controlled and is on a needs basis .
"eligible former judge" means a former judge of any of the following courts:
(a) the High Court;
(b) a court that is or was created by the Parliament under Chapter III of the Constitution;
(c) the Supreme Court of a State or Territory;
(d) the District Court (or equivalent) of a State or Territory.
"eligible legal practitioner" means a person who:
(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and
(b) holds a practising certificate (however described); and
(c) has at least 5 years' legal advocacy experience; and
(d) holds a Negative Vetting Level 2 security clearance.
"eligible senior counsel" means a person who:
(a) is a Queen's Counsel or Senior Counsel; and
(b) holds a Negative Vetting Level 2 security clearance.
"judicial officer" means a magistrate or a judge.
"Negative Vetting Level 2 security clearance" means a security clearance that:
(a) is issued by the Australian Government Security Vetting Agency or by another Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances; and
(b) permits ongoing access to information that has been assigned any of the following security classifications:
(i) PROTECTED;
(ii) CONFIDENTIAL;
(iii) SECRET;
(iv) TOP SECRET.
"SCEC" (short for Security Construction and Equipment Committee ) means the Commonwealth Government interdepartmental committee that approves protective security products and endorses protective security services .
"security classification" means a protective marking assigned to national secur ity information to indicate:
(a) the value of the information; and
(b) the minimum level of protection that the information must be afforded to protect it from compromise when it is being used, stored, t ransmitted , transferred or disposed of .
Note: The following are examples of security classifications that may be, or may have been, assigned to information:
(a) PROTECTED;
(b) CONFIDENTIAL;
(c) SECRET;
(d) TOP SECRET;
(e) Codeword material;
(f) Restricted.
"security classified document" means:
(a) a document that is disclosed, or to be disclosed, i n a federal criminal proceeding or a civil proceeding :
( i) to which a security classification has been assigned; or
(ii) that the Attorney - General, or a representative of the Attorney - General in the proceeding, has stated , in writing, is a security classified document; or
( b ) a document that includes national security information that is disclosed, or to be disclosed, i n a federal criminal proceeding or a civil proceeding ; or
( c ) a document that includes national security information that is included in a document referred to in paragraph ( a) or (b) ; or
(d) a document that is or was created or prepared as referred to in paragraph 8 (1)(a) or (b) for the purpose of a federal criminal proceeding or a civil proceeding .
"security classified document storage area" means an area in which entry and openings are secured at all times to limi t access to the following :
(a) an authorised recipient in relation to security cla ssified documents or national security information stored in the area;
(b) a person in the com pany of such an authorised recipient;
(c) a person authorised to access the area by such an authorised recipient;
(d) a judicial officer.