Download 2002-2003 - Federal Register of Legislation

2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
NATIONAL SECURITY INFORMATION LEGISLATION AMENDMENT BILL 2005
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on behalf of the Government
(Circulated by authority of the Attorney-General,
the Honourable Philip Ruddock MP)
NATIONAL SECURITY INFORMATION
LEGISLATION AMENDMENT BILL 2005
GENERAL OUTLINE
The amendment to the National Security Information Legislation Amendment Bill
2005 (the Bill) changes the meaning of ‘civil proceeding’
The amendment removes the references to a federal criminal proceeding and to
contempt proceedings. The effect of this amendment is to define ‘civil proceeding’ to
mean any proceeding in a Commonwealth, State or Territory court except a criminal
proceeding.
Financial impact
The Bill is not expected to have a direct financial impact.
NOTES ON CLAUSES
Item 1
Schedule 1, item 11
Item 1 amends the definition of ‘civil proceeding’ to mean any proceeding in a
Commonwealth, State or Territory court except a criminal proceeding.
This amendment removes the reference to a federal criminal proceeding, which in
turn, rectifies an oversight that would have meant that a civil proceeding includes a
criminal proceeding under a State or Territory law.
The amendment also removes the reference to a contempt proceeding. This reference
is unnecessary because civil proceedings are defined to mean proceedings which are
not criminal proceedings. Statutory contempt offences would fall within the
definition of criminal proceeding under the National Security Information (Criminal
Proceedings) Act 2004. In contrast, contempt punishable under the inherent powers
of a court would fall outside the definition of a criminal proceeding and would
therefore constitute a civil proceeding.