Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL SECURITY INFORMATION (CRIMINAL PROCEEDINGS) AMENDMENT REGULATIONS 2005 (NO. 1) (SLI NO 29 OF 2005)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 29

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY‑GENERAL

 

National Security Information (Criminal Proceedings) Act 2004

 

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

 

 

The National Security Information (Criminal Proceedings) Act 2004 (the Act) seeks to protect, in certain federal criminal proceedings, 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.  The main provisions of the Act commenced on 11 January 2005.

 

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 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’ (the Requirements), a document issued by the Attorney‑General’s Department on 10 January 2005. 

 

Appendix C to the Requirements contains an explanation of terms.  The term ‘ACSI 33’ is explained as the ‘Australian Government Information and Communications Technology Security Manual issued by Defence Signals Directorate (DSD) as in force on 17 September 2004.’  On 1 March 2005, DSD re-issued ACSI 33.  The Requirements have been re-issued to reflect this change.  The proposed Regulations would 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 10 March 2005.

 

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

 

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

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.


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