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Provisions of the National Security Information (Criminal Proceedings) Bill 2004 and the National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004

19 August 2004

© Commonwealth of Australia 2004

ISBN 0 642 71429 0

Download this report as a single document - (PDF format - 409 Kb)

Download this report in individual parts:

Members of the legislation committee (PDF format - 149 Kb) (HTML format)
Recommendations (PDF format - 83 Kb) (HTML format)
Abbreviations (PDF format - 104 Kb) (HTML format)
 
Chapter 1 - Introduction (PDF format - 113 Kb) (HTML format)

Background
Purpose of the Bill
Conduct of the inquiry
Acknowledgment
Note on references

 
Chapter 2 - Background to the proposed legislation (PDF format - 167 Kb) (HTML format)

Background
The ALRC's investigation into the use of sensitive information
Key provisions of the Bill

 
Chapter 3 - Key issues (PDF format - 281 Kb) (HTML format)

General response to the Bill
Definition of national security
The right to a fair and public trial
The right to be tried in own presence and to defend in person
The right to know the evidence supporting the conviction
The right to prepare a defence including the right to call and question witnesses
Adequate time to prepare defence
Right to a fair hearing in a reasonable time
Certificate to be considered as conclusive evidence
The right to legal assistance of own choosing
Admissibility of evidence
Weighing national security against the right to a fair trial
Intervention of the Attorney-General
Omissions from the Bill
Conclusion

 
Additional comments by Senator Brian Greig on behalf of the Australian Democrats (PDF format - 87 Kb) (HTML format)
 
Appendix 1 - Submissions received (PDF format - 80 Kb) (HTML format)
Correspondence published by the Committee
 
Appendix 2 - Witnesses who appeared before the committee (PDF format - 79 Kb) (HTML format)
Sydney, Monday 5 July 2004

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