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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
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
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:
This Act may be cited as the National Security Information (Criminal
Proceedings) (Consequential Amendments) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
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 |
Immediately after the commencement of sections 3 to 49 of the
National Security Information (Criminal Proceedings) Act 2004. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(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.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
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 26 or 28 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 26 or 28 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 26 or 28 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.