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
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| Members of the legislation committee |
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| Recommendations |
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| Abbreviations |
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| Chapter 1 - Introduction |
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Background
Purpose of the Bill
Conduct of the inquiry
Acknowledgment
Note on references
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| Chapter 2 - Background to the proposed legislation |
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Background
The ALRC's investigation into the use of sensitive information
Key provisions of the Bill
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| Chapter 3 - Key issues |
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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
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| Additional comments by Senator Brian Greig on behalf of the Australian Democrats |
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| Appendix 1 - Submissions received |
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| Correspondence published by the Committee |
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| Appendix 2 - Witnesses who appeared before the committee |
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| Sydney, Monday 5 July 2004 |