Security Information in Proceedings Legislation Bill

Part 2 Procedures to protect security information in proceedings

Preliminary

8 Application of special procedures to certain proceedings

(1)

The special procedures described in subsection (2) apply to proceedings or parts of proceedings before an authorised court that are specified proceedings (as set out in subsection (3)).

(2)

The special procedures are the procedures set out in the following sections:

(a)

sections 10 and 16 to 24 (relating to the appointment and role of of a special advocate to act on behalf of a non-Crown party):

(b)

section 11 (relating to the hearing being a closed hearing):

(c)

section 12 (relating to the Crown’s obligation to give the court, special advocate, and special adviser access to the security information):

(d)

sections 13 and 14 (relating to a written summary of the security information):

(e)

sections 15 and 25 to 27 (relating to the appointment and role of a special adviser to advise the court).

(3)

A specified proceeding is any of the following:

Civil proceedings: national security information or classified security information

(a)

the hearing of an SI application (see section 32):

Criminal proceedings: national security information

(b)

a non-party disclosure hearing to which section 26B of the Criminal Disclosure Act 2008 applies:

(c)

the hearing of an application to which section 30A of the Criminal Disclosure Act 2008 applies:

(d)

the hearing of an application referred to in section 78(2A) or 101(2A), or made under section 113A, of the Criminal Procedure Act 2011:

Special procedures order: national security information or classified security information

(e)

a proceeding in respect of which the court makes an order under section 9.