Commonwealth Numbered Regulations

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NATIONAL SECURITY INFORMATION (CRIMINAL PROCEEDINGS) REGULATIONS 2005 (SLI NO 1 OF 2005) - SCHEDULE 1

Form of notice of expected disclosure of information relating to or affecting national security

(regulation 5)

   

COMMONWEALTH OF AUSTRALIA

National Security Information (Criminal Proceedings) Act 2004

NOTICE BY *PROSECUTOR/*DEFENDANT OF EXPECTED DISCLOSURE OF INFORMATION RELATING TO OR AFFECTING NATIONAL SECURITY

TO   The Attorney-General

1.       I, name , am *the prosecutor/*the defendant in the following federal criminal proceeding: name or description of proceeding .

2.       I give notice under section 24 of the National Security Information (Criminal Proceedings) Act 2004 that I *know/*believe that:

*(a)    I will disclose, in the federal criminal proceeding, information that relates to national security.

*(b)    I will disclose information in the federal criminal proceeding and the disclosure may affect national security.

*(c)    The person known as name or code whom *I intend/*the prosecutor intends/*the defendant intends to call as a witness in the federal criminal proceeding will disclose information *in giving evidence/*by the person’s mere presence, and:

*(i)    the information relates to national security; or

*(ii)    the disclosure may affect national security.

*3.     The information that will be disclosed is include a description of the information .

          OR

*3.     The information that will be disclosed is contained in the following *document/*documents: give details of each document, for example, the title, author and date of issue, if applicable .

          A copy of each document, or the relevant extract from each document that contains the information, accompanies this notice.

Dated:

……………………………………….

(signature of *prosecutor/*defendant)

Insert particulars of *prosecutor/*defendant, including: full name; full address; telephone number; facsimile number; e-mail address; and name, address, telephone number, facsimile number and e-mail address of agent solicitor, if applicable.

*   Omit if not applicable

Note    The prosecutor or defendant must also advise, in writing, the court, the other party, and any person to whom paragraph 2 (c) applies that this notice has been given to the Attorney-General. The advice must include a description of the information that will be disclosed. See subsection 24 (3) of the National Security Information (Criminal Proceedings) Act 2004 .



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