The Regulation relies on and elaborates a small set of core concepts from the Act and adds operational definitions that structure behaviour.

• Security classified document. The instrument defines “security classified document” broadly to capture documents disclosed or to be disclosed in proceedings where a security classification has been assigned, where the Attorney‑General has stated in writing that the document is security classified, where the document includes national security information disclosed in the proceeding, or where the document was created/prepared for the purpose of a proceeding (s 6). This definition determines who is treated as an “authorised recipient” and which handling rules apply.

• Authorised recipient. The instrument defines “authorised recipient” as a person to whom the document or information has been or may be disclosed in a proceeding under a certificate, hearing, decision, notice, order or other process under the Act, or an order of the court, or written authorisation by the Attorney‑General or a representative of the Attorney‑General; judicial officers are expressly excluded from that definition (s 6). Numerous duties in the Regulation are owed to authorised recipients; judicial officers occupy a separate, permissive role in several rules (for example they may view documents or handle them in court, ss 12(3), 13(3), 14).

• Security classifications and approved items. The instrument uses “security classification” as the protective marking that sets the minimum protective measures and lists examples (PROTECTED, CONFIDENTIAL, SECRET, TOP SECRET, Codeword material, Restricted) (s 6). “Approved information and communications technology equipment” is equipment supplied or approved by the Commonwealth for use with documents to which a security classification is or will be assigned (s 6). The Security Construction and Equipment Committee (SCEC) is the interdepartmental committee that endorses protective security products and services; a “Class B security container” is a container fitted with an SCEC‑endorsed combination lock (s 6). These approvals determine the pool of permissible equipment and containers (ss 10, 11).

• Discrete area and security classified document storage area. A “discrete area” is an enclosed building or office area with restricted public access, controlled employee access and strictly controlled visitor access on a needs basis (s 6). A “security classified document storage area” limits access to authorised recipients or persons approved by authorised recipients or judicial officers (s 6). Many handling and carriage duties require use of these areas and define exceptions where endorsed containers and SCEC approvals can be used for carriage (ss 8, 10‑14).

• Negative Vetting Level 2. Defined as a clearance that permits ongoing access to PROTECTED, CONFIDENTIAL, SECRET and TOP SECRET, and issued by AGSVA or an authorised agency (s 6). It is necessary for eligibility as a special advocate (s 6; s 20A).

• Special advocate. The Regulation sets out who may be appointed as a special advocate in civil proceedings (eligible former judges, eligible senior counsel, eligible legal practitioners), training, exclusions (for example members of Parliament, Director‑General of Security), remuneration rules, disclosure of interests, conflict avoidance and immunity for acts done in good faith (ss 20A‑20E, 20B).

These concepts interlock. For example, the classification attached to the most highly classified information in a created document dictates the protective measures (s 8(4)‑(5)), which in turn determines whether equipment or storage must be placed in areas approved by the Commonwealth for TOP SECRET or Codeword material (ss 10(4), 11(3)). The instrument creates a compliance architecture that ties physical, digital and personnel security to Commonwealth approvals and SCEC endorsements.

The Regulation structures duties around a limited set of actors. Each provision identifies who pays, who decides and who must change behaviour.

• Authorised recipients. The primary regulated party is the “authorised recipient” in relation to a security classified document or national security information (defined at s 6). Authorised recipients include legal practitioners, parties or other persons who have been or may be disclosed to under the Act, a court order, or written authorisation of the Attorney‑General, but exclude judicial officers (s 6). These persons must follow creation and preparation rules (s 8), cannot copy except in limited ways (s 9), must store hard copy documents in locked Class B containers (s 10), must use approved ICT for electronic storage/transmission (s 11), must handle and carry documents only in specified areas and subject to viewability limitations (ss 12‑14), keep entries in a classified document register (s 15), not move material overseas without Commonwealth permission (s 16), and comply with return/destruction obligations after the proceeding concludes (ss 17‑18).

• Legal representatives and firms. Legal representatives who act for parties will be authorised recipients when they have custody or control of classified documents under the Act (s 8(1)(a)). There is a specific rule for legal representatives who cease to act: they must give security classified documents to an Attorney‑General representative or new legal representative within 28 days of ceasing to act (s 17(4)). Law firms that accept classified material will face infrastructure and administrative costs: discrete areas, approved ICT, SCEC‑approved containers, and maintaining classified document registers (s 15).

• The Attorney‑General and Commonwealth decision‑makers. The Attorney‑General (and representatives) make key decisions and authorisations: they may authorise disclosure, receive returned documents for destruction or deletion in accordance with Commonwealth requirements (ss 8(6), 17(5)‑(6)); they must be served with prescribed notices of expected disclosure via Forms 1 and 2 (ss 19‑20; Schedule 1). The Attorney‑General also has approval functions in relation to remuneration ceilings for special advocates (s 20B) and satisfaction-based appointment decisions (s 20A(d)).

• Commonwealth agencies and APS employees. The Australian Government Security Vetting Agency (or authorised agencies) certify Negative Vetting Level 2 clearances (s 6). APS employees whose duties include responsibilities relating to Class B containers or approved ICT are permitted limited knowledge of combinations and passwords under several provisions (ss 10(2), 11(4), 11(6)). The Commonwealth determines which areas are approved for TOP SECRET or Codeword material and must provide arrangements for authorised access where needed (ss 10(4)‑(5), 11(3), notes).

• Special advocates. Persons appointed as special advocates in civil proceedings are affected by eligibility, training and exclusion rules (s 20A), remuneration payable by the Commonwealth (s 20B), requirements to disclose interests to the appointing court (s 20C), to take steps to avoid conflicts (s 20D), and immunity for good faith acts or omissions (s 20E). Eligibility is tied to legal standing and a Negative Vetting Level 2 clearance (s 20A; s 6).

• SCEC and suppliers. The Security Construction and Equipment Committee’s endorsements determine acceptable containers and single use bags and thereby shape the market for secure containers, approved single‑use bags and approved ICT equipment (s 6, s 14(2), s 10(1)). Suppliers of security containers, approved bags and approved ICT will need SCEC approvals to be usable under the Regulation.

Consequences for these actors include compliance costs, procedural steps in litigation (notice forms prescribed in Schedule 1; see ss 19‑20), and record‑keeping obligations (classified document register, s 15). The Regulation also narrows some existing freedoms: authorised recipients cannot take classified material overseas without Commonwealth permission (s 16) and are restricted in copying and electronic transmission (ss 9, 11).

The instrument imposes specific duties and confers limited rights. The obligations are procedural and protective; rights are mainly procedural (e.g. to view destruction) and remunerative for special advocates.

Creation and classification duties

• Create/prepare in a discrete area. An authorised recipient who creates or prepares a document including classified information must do so in a discrete area (s 8(2)). Electronic creation must use approved ICT (s 8(3)).
• Assign security classification. The authorised recipient must ensure the document is assigned a security classification equivalent to the most highly classified information in the document and record that classification at the top and bottom of each page (ss 8(4)‑(5)). If in doubt, the recipient must consult with the Commonwealth (s 8(6)).

Copying

• Copy prohibition. An authorised recipient must not copy a security classified document or information except in accordance with s 8 (s 9(1)). Requests for copies must be made in writing to the Attorney‑General or their representative and state number of copies and recipient details (s 9(2)‑(3)).

Storage and container duties

• Class B container for hard copy. Hard copy classified documents must be stored in locked Class B security containers; combinations must be known only to authorised recipients in relation to all documents in the container or relevant APS employees (s 10(1)‑(2)).
• Location requirements. Containers should be located in a security classified document storage area; TOP SECRET or Codeword material requires storage in Commonwealth‑approved areas (s 10(3)‑(4)).
• Access limits. Removal from containers is allowed only where the remover is an authorised recipient for the purpose of the proceeding or a judicial officer, and, if in an approved area, permission by the Commonwealth to access the area is required (s 10(5)).

Electronic storage and transmission

• Approved ICT only. Electronic storage and transmission of classified documents or national security information is allowed only on approved ICT equipment; equipment not in use must be stored in locked Class B containers or in a security classified document storage area (s 11(1)‑(2)).
• Password and removal record requirements. Where equipment can be password secured, the password must be known only to authorised recipients handling the equipment for the proceeding and relevant APS employees (s 11(6)). If equipment storing TOP SECRET/Codeword material is removed from a Class B container, the authorised recipient must record name, date/time, place and place the record in the container (s 11(8)).

Handling and carriage duties

• Handling for purposes of proceeding only, in specified areas. Authorised recipients may only handle documents for the purpose of the proceeding, in Commonwealth‑approved areas for TOP SECRET/Codeword or in discrete areas for other classifications (s 12(1)‑(2)). The handler must ensure no unauthorised persons can view the material (s 12(3)). Similar rules apply to approved ICT equipment (s 13).
• Carrying outside discrete area requires double SCEC‑approved single‑use bags, locked SCEC‑approved container, keys retained by authorised recipient and continuous custody (s 14(2)). Carriage to another person is limited to SCEC‑endorsed couriers, other authorised recipients, or judicial officers (s 14(3)‑(4)).

Record‑keeping

• Classified document register. Authorised recipients must maintain or have access to a classified document register and as soon as practicable record details when they receive/create/prepare or transfer a hard copy classified document, including unique reference number, title, security classification, name of authorised recipient, date, transferee and carriage details. The register must not record national security information itself (s 15(1)‑(3)).

Return, destruction and property return

• Return within 28 days. Authorised recipients with custody or control of classified documents must give the documents to an Attorney‑General representative within 28 days after the conclusion of the proceeding, or, if a legal representative has ceased to act, within 28 days of ceasing to act to the Attorney‑General representative or new legal representative (s 17(3)‑(4)). The Attorney‑General representative must ensure destruction or deletion in accordance with Commonwealth requirements (s 17(5)‑(6)). Commonwealth property relating to classified documents must be returned within 28 days after conclusion or ceasing to act (s 18).

Overseas transfer restriction

• Not take or send out of Australia without permission. Authorised recipients must not take or send classified documents or national security information out of Australia without Commonwealth permission (s 16).

Special advocates

• Appointment and training. Special advocates for civil proceedings must satisfy eligibility (former judge, senior counsel or legal practitioner), have Negative Vetting Level 2 clearance, receive training in accessing/storing/handling/destroying classified material, and must not be certain office holders (s 20A).
• Remuneration and disclosure. Special advocates may charge the Commonwealth at prescribed rates tied to Appendix D of the Legal Services Directions 2017, subject to Attorney‑General approval for higher rates (s 20B). They must disclose conflicts and take steps to avoid them; they are immune from suit for acts or omissions done in good faith (ss 20C‑20E).

Rights

• Right to view destruction/deletion. An authorised recipient who gives a document to the Attorney‑General’s representative may view the destruction or deletion of the document (s 17(7)).
• Fee entitlement for special advocates. Special advocates have a right to claim fees from the Commonwealth under the scales set out in s 20B, subject to Attorney‑General approval for higher rates.

These duties create a compliance ecosystem where authorised recipients must implement physical, electronic and administrative controls; the Commonwealth and Attorney‑General retain decision rights over approvals, permissions and remuneration.

The Regulation itself does not set out penalty amounts or enforcement processes in detail, but it activates criminal exposure by prescribing requirements tied to the Act. The instrument’s Note refers to the Act’s offence provisions: it states that a person who contravenes a requirement prescribed for subsection 23(1) or 38C(1) of the Act by this instrument may commit an offence and refers expressly to ss 45A and 46FA of the Act (s 5 Note 1). The instrument also contains an express saving that, where an order is made under the Act that is inconsistent with this Part, the order prevails as to the inconsistent matters (s 7A); that establishes how conflicts between court or Attorney‑General orders and these Regulation requirements are to be resolved.

Enforcement mechanics implied by the instrument

• Criminal liability via the Act. The instrument prescribes operational requirements which, if contravened, potentially engage the Act’s offence provisions (s 5 Note 1). The specified cross‑references indicate that enforcement and penalties are to be found in the Act, not the Regulation.
• Control through approvals and permissions. Several provisions require Commonwealth approvals or permissions , for storage locations for TOP SECRET/Codeword material, approved ICT equipment and access to approved areas (ss 10(4)‑(5), 11(3), 16). These approvals are administrative levers that can be used to enforce compliance by refusing access or approval where obligations are not met.
• Record‑keeping and audit trace. Obligations to maintain a classified document register and to record removal events for TOP SECRET/Codeword material (ss 15, 10(6), 11(8)) create documentary trails that can be used to detect non‑compliance and support enforcement actions. The register may not record national security information itself (s 15(3)), limiting what is logged to metadata.
• Court role. The Regulation prescribes forms for notices of expected disclosure (Forms 1 and 2; ss 19‑20; Schedule 1) and notes that the person giving notice must advise the court and other people involved that the notice has been given (Forms, note referencing subsections 24(3) and 38D(4) of the Act). This embeds the court within the procedural enforcement architecture: courts will be notified of expected disclosure and can oversee compliance in proceedings.
• Immunities and protections. The Regulation grants immunity from suit for special advocates for acts or omissions done in good faith while performing their functions (s 20E). That limits private civil recourse against special advocates but does not negate criminal liability where the Act specifies it.

Discretion and enforcement risk

• Discretion concentrated with Commonwealth and Attorney‑General. Many of the Regulation’s permissive rules hinge on Commonwealth approval or Attorney‑General satisfaction, including approvals for ICT and storage areas and remuneration levels for special advocates (ss 8(6), 10(4), 11(3), 20B). Enforcement therefore depends on administrative decisions and access controls that are under executive control.
• Compliance evidence. The record‑keeping duties (classified document register and removal records) provide concrete evidence for enforcement. However, since the register must not record national security information itself (s 15(3)), the evidence base is limited to metadata.

In short, enforcement is twofold: criminal exposure under the Act for prescribed contraventions and administrative enforcement through approvals, access control and record‑keeping. The Regulation creates duties likely to be monitored through documentary compliance and controlled access, with ultimate sanctioning mechanisms provided by the Act.

The Regulation is explicitly made under and operates alongside the National Security Information (Criminal and Civil Proceedings) Act 2004 and engages a small number of other legal instruments and administrative regimes.

• Primary Act. The Regulation is subordinate legislation under the Act (s 3). It operationalises the Act by prescribing the procedures and means by which requirements in the Act are to be satisfied (s 5). The Regulation cross‑references specific Act provisions (for example, it prescribes requirements for subsections 23(1) and 38C(1) and prescribes forms for paragraphs 24(2)(a) and 38D(3)(a) of the Act, s 5). Where an order under the Act is inconsistent with this Part, the order prevails (s 7A).

• Archives Act 1983 and State/Territory archiving laws. The Regulation states that its return and destruction rules are subject to the Archives Act 1983 and to any State or Territory law concerning archiving (s 17(2)). It notes that those laws take precedence in relation to classified documents to which they apply and that such documents may be outside the operation of s 17 (s 17(2) note and subsection). This creates a layering: the Regulation’s destruction/return obligations do not displace archival obligations imposed by those other statutory regimes.

• Security vetting and Commonwealth security regimes. The Regulation depends on administrative regimes for security vetting and approvals: Negative Vetting Level 2 clearances are to be issued by the Australian Government Security Vetting Agency or other authorised Commonwealth/State/Territory agency (s 6). “Approved information and communications technology equipment” must be supplied or approved by the Commonwealth (s 6). The SCEC endorses security containers and services (s 6). These references mean that compliance with the Regulation will require interaction with Commonwealth security policies, vetting processes and procurement/endorsement systems.

• Attorney‑General and court orders. The instruments integrate with court processes under the Act: prescribed forms for expected disclosure (Forms 1 and 2) are to be served on the Attorney‑General (ss 19‑20, Schedule 1) and the forms reference subsections in the Act requiring the notifier to advise the court and other people in the proceeding (Forms). The Regulation defers to orders under the Act that are inconsistent (s 7A).

• Commonwealth property rules. Return of Commonwealth property related to classified documents is required (s 18). The Regulation thus intersects with any Commonwealth administrative law or property management rules governing return and custody of government property.

• Legal Services Directions 2017. Remuneration rates prescribed for special advocates reference Appendix D of the Legal Services Directions 2017 as the baseline maximum daily rates for senior and junior counsel; the Attorney‑General may approve higher rates (s 20B). The Regulation thus links special advocate fees to an existing administrative pricing framework.

Taken together, these interactions mean the Regulation is not stand‑alone; it operates within and depends upon: (a) the Act for criminal and procedural consequences; (b) Commonwealth security and vetting systems for approvals and clearances; (c) archival legislation which may constrain destruction obligations; and (d) the Legal Services Directions for fee scales.

The instrument identifies itself as the National Security Information (Criminal and Civil Proceedings) Regulation 2015 (s 1) and declares that it is made under the National Security Information (Criminal and Civil Proceedings) Act 2004 (s 3). Section 4 states a generic mechanism: each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule has effect according to its terms (s 4). The provided text does not reproduce any Schedules other than Schedule 1 (Forms 1 and 2) which prescribe the notices of expected disclosure for federal criminal and civil proceedings (ss 19‑20; Schedule 1).

The Regulation contains an application clause that governs transitional effect: it applies to security classified documents and national security information disclosed or to be disclosed in proceedings that either had commenced before commencement but had not been finally determined before commencement or proceedings commenced after commencement (s 21). That provision clarifies that the instrument applies to in‑progress proceedings subject to the caveat that proceedings finally determined before its commencement are not caught.

No further amendments, amendment dates, or historical versions are contained within the supplied text. Section 4 anticipates that Schedules may amend other instruments, but the only Schedule provided in the text is Schedule 1 (Forms). The instrument’s Notes cross‑reference the Act’s offence provisions (s 5 Note 1) and the Act’s order provisions (s 5 Note 2; s 7A), but the text does not set out later amendments, revocations or a legislative history.

Practical implications of the limited amendment information in the instrument:

• Users must check Schedules attached to any circulated or published version for amendments to other instruments as they are not included in the body text (s 4).
• The transitional provision sets out the cut‑off for application to proceedings around commencement but does not itself indicate the commencement date in the extracted text; the text therefore leaves the instrument’s temporal operation to the instrument’s promulgation record outside the textual extract (s 21).

Because the supplied text does not detail a chronology or subsequent amending instruments, a user looking for amendment history must rely on the statutory instrument register or legislative database where commencement dates and schedules are recorded; the instrument itself gives the mechanism by which Schedules operate and sets the scope of application to pending and future proceedings (ss 4, 21).

The supplied Regulation text contains no case law, decisions or judicial interpretations. It prescribes procedural requirements and forms, references the Act and other administrative instruments but does not record any litigation that has considered its provisions.

What the text does indicate about legal contestability:

• Criminal liability under the Act. The Regulation’s Note points users to the Act’s offence provisions (s 5 Note 1) which would be the provisions invoked in prosecutions for non‑compliance with the Regulation’s prescribed requirements. Any litigation about criminal liability would therefore be under the Act’s provisions, informed by the Regulation’s operational duties.
• Court discretion and orders under the Act. Section 7A expressly provides that if an order is made under subsection 19(1A) or (3A) of the Act in relation to disclosure, protection, storage, handling or destruction and is inconsistent with this Part as to those matters, and the order was made on an application by the Attorney‑General or representative, then this Part does not apply to the extent of that inconsistency (s 7A). That provision invites possible litigation about whether a court order under the Act is inconsistent with the Regulation and whether an order was made on an Attorney‑General application; disputes of that kind would be resolved under judicial processes using the Act and the Regulation.
• Special advocate issues. The Regulation sets eligibility, training and conflict rules for special advocates (ss 20A‑20D) and grants immunity for acts or omissions done in good faith (s 20E). Litigation may arise around claimed conflicts of interest, adequacy of training, appointment suitability or the ambit of the immunity, but the instrument itself contains no adjudicative history addressing these points.

Because the Regulation is procedural and administrative in character, potential litigation vectors include challenges to administrative decisions by the Commonwealth (for approvals, permissions, remembrances), prosecutions for contraventions of the Act with reference to the Regulation, and disputes in proceedings where court orders under the Act displace the Regulation (s 7A). None of these disputes or outcomes are recorded in the instrument text provided.

The Regulation contains a number of specific operational traps and small print features that are likely to create compliance risk or operational friction if overlooked.

• Authorised recipient definition excludes judicial officers. The instrument defines “authorised recipient” for the purposes of many duties and then expressly excludes judicial officers from that definition (s 6). Several provisions nevertheless permit judicial officers to view or handle documents (ss 12(3), 13(3), 14(1)). Practitioners must therefore be careful not to treat judicial officers as authorised recipients for the purpose of duties such as register entries and container access rules.

• Register must not contain national security information. The classified document register must record metadata (unique reference, title, classification, names, dates, transfers, carriage details) but must not record any national security information itself (s 15(2)‑(3)). Practitioners who are used to keeping substantive indices must avoid including national security content in the register , that means redaction and careful drafting of metadata entries. The instrument also clarifies that removal from a container is not a “receipt” for register purposes (s 15(4)), so some physical movements need separate recording.

• TOP SECRET/Codeword material escalates requirements. Any TOP SECRET or Codeword material triggers higher thresholds: Class B containers and approved ICT must be in areas approved by the Commonwealth (ss 10(4)‑(5), 11(3)); removal of such items from containers requires written records to be placed in the container (ss 10(6), 11(8)). The Commonwealth must permit access to those areas (notes to ss 10 and 11). Practitioners must plan for arrangements with the Commonwealth to obtain access; otherwise handling may be impractical.

• Approved ICT and equipment approvals. Electronic creation, storage and transmission are permitted only on approved ICT equipment (ss 8(3), 11(1)). Equipment approvals are Commonwealth decisions (s 6). Firms without approved secure ICT cannot lawfully process electronic classified documents, which may require investment, procurement delays or reliance on Commonwealth facilities.

• Password and combination knowledge restrictions. Combination locks and passwords must be known only to authorised recipients in relation to all classified items in a container or to APS employees whose duties include responsibility for the container or equipment (ss 10(2), 11(4), 11(6)). This can complicate ordinary IT support: service providers or third‑party IT staff will not be permitted knowledge of passwords or combinations unless they are authorised recipients or APS employees with that duty. Where equipment is taken out of containers, log entries must be made and placed back into the container (ss 10(6), 11(8)).

• Carriage and courier restrictions. Carrying outside a discrete area requires two SCEC‑approved single use bags and a locked SCEC‑approved container, with keys removed and retained by the authorised recipient and continuous custody (s 14(2)). Transfer to another person for carriage is constrained to SCEC endorsed couriers, other authorised recipients or judicial officers (s 14(3)). Practitioners cannot rely on regular commercial couriers unless they are SCEC endorsed; arranging transport may therefore be more complex and costly.

• Overseas transmission prohibition. Material cannot be taken or sent out of Australia without Commonwealth permission (s 16). Electronic transmission overseas is captured by “send (including by electronic transmission)”, so cloud solutions with overseas servers will likely be excluded without explicit Commonwealth permission.

• Interaction with archival law. The return/destruction obligations are subject to the Archives Act 1983 and State/Territory archiving laws (s 17(2)). Where archival retention applies, the Regulation’s destruction requirement may not be operative. Practitioners must check archival obligations before planning destruction.

• Remuneration and appointment discretion. Attorneys‑General control suitability decisions for special advocates and approvals for higher remuneration rates (ss 20A(d), 20B). Parties depending on special advocates will need to accept that appointment and fee levels involve executive discretion.

• Requesting copies through the Attorney‑General. The only mechanism the Regulation provides for copying is a written request to the Attorney‑General or their representative that specifies number of copies and recipient details (s 9(2)‑(3)). There is no private commercial right to reproduce documents; requests may be refused, and delay can impede litigation preparation.

• Immunity for special advocates is limited to acts done in good faith. While s 20E provides that no action, suit or proceeding may be brought against a special advocate for acts or omissions done in good faith in performing functions, “good faith” is the operative limitation and does not extend to acts outside the scope of functions or to bad faith conduct.

Each of these points is concretely anchored in the Regulation’s text. Overlooking any of them may lead to inability to access, process or present classified material in proceedings, administrative refusal of approvals or potential criminal exposure where the Act’s offence provisions are engaged.

Compliance requires a programme covering personnel vetting and training, physical infrastructure, ICT procurement/approval, administrative processes and litigation practices. The Regulation prescribes precise tasks; compliance is achieved by aligning operational practices with those tasks.

1. Identify authorised recipients and scope

• Confirm whether a person is an authorised recipient under the instrument’s definition in s 6 (note judicial officers are excluded from that definition). Ensure any person who will access classified documents has the appropriate status under the Act, court orders or written Attorney‑General authorisation (s 6).

2. Personnel vetting and training

• For personnel who will be special advocates, ensure eligibility criteria are met: eligible former judge, eligible senior counsel, or eligible legal practitioner, and obtain Negative Vetting Level 2 security clearance as defined (s 20A; s 6). Provide training in accessing, storing, handling and destroying classified documents and national security information as required by s 20A(b).
• For non‑special advocate authorised recipients, verify who can access containers and equipment in accordance with s 10(2) and s 11(6) and limit knowledge of combinations/passwords to authorised recipients and APS employees who have the relevant duties.

3. Physical infrastructure and procurement

• Secure discrete areas and security classified document storage areas that meet the definition in s 6 and restrict public, employee and visitor access as required. For TOP SECRET or Codeword material, arrange use of Commonwealth‑approved areas (ss 6, 10(3)‑(4), 11(3)). Liaise with the Commonwealth early to obtain access permissions where required (s 10(5) note; s 11 note).
• Procure SCEC‑endorsed Class B security containers and SCEC‑approved single use bags, ensuring containers are fitted with SCEC‑endorsed combination locks (s 6; s 10(1); s 14(2)). Confirm SCEC endorsement status with suppliers to ensure legal compliance.
• For ICT, procure or obtain Commonwealth approval for “approved information and communications technology equipment” before creating, storing or transmitting classified information electronically (ss 6, 8(3), 11(1)). If the approved ICT is large and cannot be containerised, ensure it is located in an appropriate security classified document storage area (s 11(2)).

4. Operational controls and process changes

• Create and prepare documents only in discrete areas (s 8(2)) and assign the document a security classification equivalent to the most highly classified content; record the classification at top and bottom of each page (ss 8(4)‑(5)). Where uncertain about classification, consult the Commonwealth (s 8(6)).
• Do not copy classified documents except in accordance with the Regulation. If copies are required, make a written request to the Attorney‑General or their representative specifying the number of copies and names of recipients (s 9(2)‑(3)).
• Maintain a classified document register that captures required metadata for any hard copy classified document received, created, prepared or transferred as soon as practicable; do not record national security information in the register (s 15(1)‑(3)). Include carriage details where applicable (s 15(2)(g)). Understand that removal from a container is not a “receipt” for register purposes (s 15(4)).
• For TOP SECRET/Codeword removals from containers, produce the required written record (name, date/time, place) and put the record in the security container (s 10(6)). Do the same for approved ICT removed from a container (s 11(8)).
• Ensure passwords to approved ICT are kept only by authorised recipients handling the equipment for the proceeding and APS employees whose duties include responsibilities relating to the equipment (s 11(6)).
• When carrying documents in non‑discrete areas comply with the carriage rules: two SCEC‑approved single use bags, locked SCEC‑approved container, keys removed and retained by the authorised recipient, and continuous custody; use only SCEC endorsed couriers where transferring courier duties (s 14(2)‑(4)).

5. Litigation practice and notification

• Use prescribed Forms 1 and 2 for notices of expected disclosure in federal criminal proceedings and civil proceedings respectively, as mandated in ss 19‑20 and Schedule 1. The Forms set out required contents (identity, description of information or documents, copies attached where relevant) and the obligation to advise the court and parties that the notice has been given (Schedule 1 Notes referencing ss 24(3) and 38D(4) of the Act).
• Plan for timelines: return or transfer of classified documents to an Attorney‑General representative within 28 days after conclusion of the proceeding, or within 28 days of ceasing to act if a legal representative ceases to act (ss 17(3)‑(4)). Ensure procedures with Attorney‑General representatives cover destruction, deletion and evidence of destruction where required (ss 17(5)‑(7)).
• Anticipate the requirement that Commonwealth property must be returned within 28 days after conclusion or ceasing to act (s 18), and coordinate internal asset registers accordingly.

6. Engagement with Commonwealth and SCEC

• Early engagement with the Commonwealth for approval of ICT, access to approved TOP SECRET areas, and arrangements for the return and destruction of classified material is necessary (ss 8(6), 10(4)‑(5), 11(3), 17(5)‑(6)). Where the Commonwealth is the source of approval or permission, build lead time into project and litigation plans.
• Engage with SCEC for endorsement of containers and single use bags; confirm courier endorsements where courier services are required (s 6; s 14).

7. Special advocate appointment and management

• If a special advocate is to be appointed, ensure they meet the eligibility, clearance and training requirements (s 20A). Budget for fees payable by the Commonwealth under the Regulation and ensure the Attorney‑General’s approvals required for higher rates are sought if anticipated (s 20B). Require the special advocate to disclose relevant interests to the court and adopt internal conflict avoidance procedures (ss 20C‑20D).

8. Audit, supervision and documentation

• Put in place audit trails for register entries, container access logs, equipment removal records and requests for copies. Ensure records of communications with the Commonwealth regarding approvals, permissions and consultations on classification are preserved.
• Provide training and written procedures to ensure personnel understand restrictions on copying, overseas transmission, password and combination knowledge, carriage rules, and archival exceptions (ss 9, 11(6), 14, 16, 17(2)).

Following these steps aligns operational practice with the Regulation’s specific prescriptions. Compliance requires investment in secure facilities and approved equipment, personnel vetting and training, administrative process redesign and active coordination with Commonwealth approval processes.