(House of Representatives)
First Reading
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004
No. , 2004
(Attorney-General)
A Bill for an Act to amend certain Acts as a consequence of the enactment of the National Security Information (Criminal Proceedings) Act 2004, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 2
Schedule 1--Amendment of the Administrative Decisions (Judicial Review) Act 1977 3
Schedule 2--Amendment of the Judiciary Act 1903 4
A Bill for an Act to amend certain Acts as a consequence of the enactment of the National Security Information (Criminal Proceedings) Act 2004, and for related purposes
The Parliament of Australia enacts:
| Commencement
information
| ||
|---|---|---|
| Column
1
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Column
2
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Column
3
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| Provision(s)
|
Commencement
|
Date/Details
|
| 1.
Sections 1 to 3 and anything in this Act not elsewhere covered by this
table
|
The
day on which this Act receives the Royal Assent.
|
|
| 2.
Schedules 1 and 2
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Immediately
after the commencement of sections 3 to 44 of the National Security
Information (Criminal Proceedings) Act 2004.
|
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
1 Subsection 9A(4) (definition of related criminal justice process decision)
Repeal the definition, substitute:
related criminal justice process decision, in relation to an offence, means:
(a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
(i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
(ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
(iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
(iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
(v) a decision in connection with an appeal arising out of the prosecution; or
(b) a decision of the Attorney-General to give a certificate under section 24 or 26 of the National Security Information (Criminal Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.
Note: A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.
2 After paragraph (d) of Schedule 2
Insert:
(da) decisions of the Attorney-General to give a certificate under section 24 or 26 of the National Security Information (Criminal Proceedings) Act 2004;
1 Subsection 39B(3) (definition of related criminal justice process decision)
Repeal the definition, substitute:
related criminal justice process decision, in relation to an offence, means:
(a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
(i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
(ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
(iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
(iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
(v) a decision in connection with an appeal arising out of the prosecution; or
(b) a decision of the Attorney-General to give a certificate under section 24 or 26 of the National Security Information (Criminal Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.