[Index] [Search] [Download] [Related Items] [Help]
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) 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.