Commonwealth Consolidated Acts

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 6A

Application to civil proceedings--Attorney - General not a party to proceedings

  (1)   If:

  (a)   the Attorney - General is not a party to a civil proceeding, whether begun before, on or after the day on which this section commences; and

  (b)   the Attorney - General gives notice in writing to the parties to the proceeding , the legal representatives of the parties to the proceeding and the court that this Act applies to the proceeding;

then, subject to subsection   ( 5), this Act applies to the proceeding.

Application to civil proceedings--Attorney - General a party to proceedings

  (2)   If:

  (a)   the Attorney - General is, or becomes, a party to a civil proceeding, whether begun before, on or after the day on which this section commences; and

  (b)   the Minister appointed under subsection   ( 3) or (4) gives notice in writing to the parties to the proceeding , the legal representatives of the parties to the proceeding and the court that this Act applies to the proceeding;

then:

  (c)   subject to subsection   ( 5), this Act applies to the proceeding; and

  (d)   the Minister must perform the functions and exercise the powers, in relation to the proceeding, that are conferred on the Attorney - General under Divisions   1A, 1, 2, 3 and 4 of Part   3A; and

  (e)   references in:

  (i)   Division   4 of Part   2; and

  (ii)   Divisions   1A, 1, 2, 3 and 4 of Part   3A; and

  (iii)   Division   2 of Part   5;

    to the Attorney - General (other than references to the Attorney - General as a party to the proceeding) are to be read as references to the Minister.

Attorney - General to appoint alternative Minister

  (3)   The Attorney - General must, as soon as possible after the commencement of this section, appoint in writing another Minister for the purposes of the operation of subsection   ( 2) in relation to all civil proceedings.

  (4)   If the Minister appointed under subsection   ( 3) is, or becomes, a party to a civil proceeding to which the Attorney - General also is or becomes a party, the Attorney - General must appoint a different Minister for the purposes of the operation of subsection   ( 2) in relation to that civil proceeding.

Application to civil proceedings--notice given after a proceeding has begun

  (5)   If the Attorney - General or the Minister gives the notice after the proceeding has begun, this Act only applies to the parts of the proceeding that occur after the notice is given (whether or not those parts began before that time) .

Notice and appointment are not legislative instruments

  (6)   A notice given under subsection   ( 1) or (2) and an appointment made by the Attorney - General under subsection   ( 3) or (4) are not legislative instruments.