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Counter-Terrorism And Information: The Nsi Act, Fair Trials And Open, Accountable Government, Mark Rix
Counter-Terrorism And Information: The Nsi Act, Fair Trials And Open, Accountable Government, Mark Rix
Mark Rix
This paper investigates Australia’s National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (hereafter, the NSI Act) focusing on its provisions for protecting national security information. The investigation highlights the broad and encompassing definitions of ‘national security’ and ‘information’ used in the Act and considers the measures it prescribes for the protection of so-called ‘security sensitive’ information in Federal civil and criminal proceedings. The paper then examines the implications of the definitions and measures for a suspect’s prospects of receiving a fair trial in terrorism cases. Here, the paper highlights the serious restrictions the Act places on a legally-aided …