Commonwealth Numbered Regulations

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) REGULATION 2015 (SLI NO 26 OF 2015) - SCHEDULE 1

Note:       See sections 19 and 20.

Form 1 -- Notice of expected disclosure of national security information in a federal criminal proceeding

COMMONWEALTH OF AUSTRALIA

National Security Information (Criminal and Civil Proceedings) Act 2004

NOTICE BY * PROSECUTOR/ * DEFENDANT/ * DEFENDANT'S LEGAL REPRESENTATIVE OF EXPECTED DISCLOSURE OF NATIONAL SECURITY INFORMATION IN A FEDERAL CRIMINAL PROCEEDING

TO   The Attorney-General

1.         I, [ name ], am the * prosecutor/ * defendant/ * defendant's legal representative in the following federal criminal proceeding: [ name or description of proceeding ].

2.         I give notice under section 24 of the National Security Information (Criminal and Civil Proceedings) Act 2004 that I * know/ * believe that:

                          * (a)  I will disclose national security information in the proceeding.

                    * (b)  The person known as [ name or code ] whom I intend to call as a witness will disclose national security information * in giving evidence/ * by the person's mere presence in the proceeding.

                    * (c)  The person known as [ name or code ] is required by subpoena or other order of the court, issued or made on my application, to disclose national security information, other than as a witness, in the proceeding.

* 3.       The national security information that will be disclosed is [ include a description of the information ] .

OR

* 3.       The national security information that will be disclosed is contained in the following * document/ * documents: [ give details of each document, for example, the title, author and date of issue, if applicable ].

A copy of each document, or the relevant extract from each document that contains the national security information, accompanies this notice.

Dated:

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

[ signature of * prosecutor/ * defendant/ * defendant's legal representative ]

[ Insert particulars of person signing this notice, including: full name; full address; telephone number; fax number; email address; and (if not already inserted) name, address, telephone number, fax number and email address of defendant's legal representative .]

*               Omit if not applicable.

Note:          The person giving this notice must advise the court and the other people involved in the proceeding that the notice has been given (see subsection 24(3) of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).

Form 2 -- Notice of expected disclosure of national security information in a civil proceeding

COMMONWEALTH OF AUSTRALIA

National Security Information (Criminal and Civil Proceedings) Act 2004

NOTICE BY * PARTY/ * PARTY'S LEGAL REPRESENTATIVE OF EXPECTED DISCLOSURE OF NATIONAL SECURITY INFORMATION IN A CIVIL PROCEEDING

TO   * The Attorney-General/ * The Minister appointed under subsection 6A(3) of the National Security Information (Criminal and Civil Proceedings) Act 2004 / * The Minister appointed under subsection 6A(4) of the National Security Information (Criminal and Civil Proceedings) Act 2004

1.         I, [ name ], am * a party/ * the legal representative of a party to the following civil proceeding: [ name or description of proceeding ].

2.         I give notice under section 38D of the National Security Information (Criminal and Civil Proceedings) Act 2004 that I * know/ * believe that:

                          * (a)  I will disclose national security information in the proceeding.

                    * (b)  The person known as [ name or code ] whom I intend to call as a witness in the proceeding will disclose national security information * in giving evidence/ * by the person's mere presence in the proceeding.

                    * (c)  The person known as [ name or code ] is required by subpoena or other order of the court, issued or made on my application, to disclose national security information, other than as a witness, in the proceeding.

* 3.       The national security information that will be disclosed is [ include a description of the information ] .

OR

* 3.       The national security information that will be disclosed is contained in the following * document/ * documents: [ give details of each document, for example, the title, author and date of issue, if applicable ].

A copy of each document, or the relevant extract from each document that contains the national security information, accompanies this notice.

Dated:

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

[ signature of * party/ * party's legal representative ]

[ Insert particulars of person signing this notice, including: full name; full address; telephone number; fax number; email address; and (if not already inserted) name, address, telephone number, fax number and email address of party's legal representative. ]

*               Omit if not applicable .

Note:          The person giving this notice must advise the court and the other people involved in the proceeding that the notice has been given (see subsection 38D(4) of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).