6Definitions

#### 6 Definitions > Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) civil proceeding; (b) court official; (c) document; (d) federal criminal proceeding; (e) national security information; (f) special advocate. In this instrument: > Act means the National Security Information (Criminal and Civil Proceedings) Act 2004. > approved information and communications technology equipment, for a security classified document or national security information to which a particular security classification is, or is to be, assigned, means information and communications technology equipment that is supplied, or approved, by the Commonwealth for security classified documents or national security information to which that security classification is, or is to be, assigned. > authorised recipient, in relation to a security classified document or national security information, means a person to whom the document or information has been disclosed, or may be disclosed, in a federal criminal proceeding or a civil proceeding in accordance with: (a) a certificate, hearing, decision, notice, order or other process under the Act; or (b) an order or process of the court in the proceeding; or (c) a written authorisation given by the Attorney‑General or a representative of the Attorney‑General in the proceeding; but does not include a judicial officer. > Class B security container means a security container that is fitted with an SCEC‑endorsed combination lock. > classified document register means a register that includes details about security classified documents that are received, created, prepared or transferred in hard copy form. > Note: See section 15. > copy means to record or reproduce information in any medium. > Deputy Director‑General of Security means a person who holds, or is acting in, a position known as Deputy Director‑General of Security. > Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. > discrete area means an area within an enclosed building or office where: (a) public access is restricted; and (b) access by employees is controlled; and (c) access by visitors is strictly controlled and is on a needs basis. > eligible former judge means a former judge of any of the following courts: (a) the High Court; (b) a court that is or was created by the Parliament under Chapter III of the Constitution; (c) the Supreme Court of a State or Territory; (d) the District Court (or equivalent) of a State or Territory. > eligible legal practitioner means a person who: (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and (b) holds a practising certificate (however described); and (c) has at least 5 years’ legal advocacy experience; and (d) holds a Negative Vetting Level 2 security clearance. > eligible senior counsel means a person who: (a) is a Queen’s Counsel or Senior Counsel; and (b) holds a Negative Vetting Level 2 security clearance. > judicial officer means a magistrate or a judge. > Negative Vetting Level 2 security clearance means a security clearance that: (a) is issued by the Australian Government Security Vetting Agency or by another Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances; and (b) permits ongoing access to information that has been assigned any of the following security classifications: (i) PROTECTED; (ii) CONFIDENTIAL; (iii) SECRET; (iv) TOP SECRET. > SCEC (short for Security Construction and Equipment Committee) means the Commonwealth Government interdepartmental committee that approves protective security products and endorses protective security services. > security classification means a protective marking assigned to national security information to indicate: (a) the value of the information; and (b) the minimum level of protection that the information must be afforded to protect it from compromise when it is being used, stored, transmitted, transferred or disposed of. > Note: The following are examples of security classifications that may be, or may have been, assigned to information: (a) PROTECTED; (b) CONFIDENTIAL; (c) SECRET; (d) TOP SECRET; (e) Codeword material; (f) Restricted. > security classified document means: (a) a document that is disclosed, or to be disclosed, in a federal criminal proceeding or a civil proceeding: (i) to which a security classification has been assigned; or (ii) that the Attorney‑General, or a representative of the Attorney‑General in the proceeding, has stated, in writing, is a security classified document; or (b) a document that includes national security information that is disclosed, or to be disclosed, in a federal criminal proceeding or a civil proceeding; or (c) a document that includes national security information that is included in a document referred to in paragraph (a) or (b); or (d) a document that is or was created or prepared as referred to in paragraph 8(1)(a) or (b) for the purpose of a federal criminal proceeding or a civil proceeding. > security classified document storage area means an area in which entry and openings are secured at all times to limit access to the following: (a) an authorised recipient in relation to security classified documents or national security information stored in the area; (b) a person in the company of such an authorised recipient; (c) a person authorised to access the area by such an authorised recipient; (d) a judicial officer.