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Thursday, 24 March 1994
Page: 2279

Senator SPINDLER (8.08 p.m.) —I move:

7.Clause 4, page 8, after proposed section 3F, insert the following section:

  Comment on things seized

"3FB. At the conclusion of a search, if it is the intention of the executing officer or a constable assisting to size any thing, the executing officer or the constable must, with their consent, take any person named in the warrant, or the occupier if that person is not present, to the place where any thing to be seized was found, and after a caution has been given, invite the person, or occupier, as the case may be, to comment in respect of the finding of that thing in that place.".

This amendment is designed to give persons named in the warrant the opportunity to offer comments in relation to items being seized by police or having been found by police which police officers wish to seize. This very clearly provides an on-the-spot opportunity for people to explain immediately and have it tape-recorded what their comment is on a particular item that the police officer has found which the officer says is suspicious or wants to seize. I think this is a fairly obvious safeguard that I commend to the Senate.