Security Law Branch
The Security Law Branch is responsible for the administration and development of legislation and the provision of legal and policy advice on counter-terrorism and national security related legal issues.
The Branch is made up of the following sections:
Counter-terrorism Legislation section
The counter terrorism legislation section is responsible for legislative and policy development of Part 5.3 of the Criminal Code which covers:
- counter terrorism offences
- the listing of terrorist organisations
- control orders and
- preventative detention.
The section is also involved in consideration of reviews into counter terrorism legislation - the ALRC review of the sedition offences and the review of the counter terrorism offences by the Sheller Committee and the Parliamentary Joint Committee on Intelligence and Security.
The section has responsibility for counter terrorism legislation, implementing a number of UN Counter Terrorism Conventions into domestic law.
The Section also advises the Attorney-General on his responsibilities when calling out the Defence Force under the Defence Act.
National Security section
The National Security section is responsible for
- the administration of the Australian Security Intelligence Organisation Act 1979
- secrecy and espionage policy issues
- working with security and intelligence agencies on a range of issues
- progressing relevant legislative amendments, and
- managing the Department’s involvement in the Secretaries Committee on National Security and the National Security Committee of Cabinet.
Security Litigation Policy section
The security litigation policy section is responsible for:
- the administration of the National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act)
- providing advice to the Attorney-General on all counter-terrorism related cases
- applications for control orders and on matters relating to Mr David Hicks and Mr Mamdouh Habib and other cases
- providing assistance for the maintenance of the NSI Act practitioners' guide
- assisting the Attorney-General in fulfilling his functions under the NSI Act, and
- liaising with AGS, AFP, ASIO and the DPP on the application of the Act in individual court proceedings.