EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 203

 

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY‑GENERAL

 

National Security Information (Criminal and Civil Proceedings) Act 2004

 

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) AMENDMENT REGULATIONS 2005 (No. 1)

 

 

The National Security Information (Criminal and Civil Proceedings) Act 2004 (the Act) seeks to protect, in certain federal criminal proceedings and in civil proceedings in any Australian Court, information that relates to national security, and information which may affect national security if disclosed.  At the same time, the Act seeks to uphold the right of the defendant to a fair trial. 

 

Section 49 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The National Security Information (Criminal and Civil Proceedings) Regulations 2005 (the Principal Regulations) specify how and where information that requires protection under the Act must be accessed, prepared and otherwise handled.  The Principal Regulations refer to the methods and places specified in the ‘Requirements for the Protection of National Security Information in Federal Criminal Proceedings and Civil Proceedings’ (the Requirements), a document issued by the Attorney‑General’s Department on 2 August 2005. 

 

Appendix C to the Requirements contains an explanation of terms.  The term ‘ACSI 33’ is explained as the Australian Government Information Technology Manual issued by Defence Signals Directorate (DSD), as in force on 1 March 2005.  On 19 September 2005, DSD re‑issued ACSI 33.  The Requirements have been re-issued to reflect this change.  The Regulations reflect that the Requirements have been re-issued and refer to them as the document issued by the Attorney‑General’s Department and as in force on 20 September 2005.

 

The Department has consulted with DSD about the release of the new version of ACSI 33.

 

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

 

The Regulations commenced on 21 September 2005.