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Thursday, 24 March 1994
Page: 2283

Senator BOLKUS (Minister for Immigration and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs) (8.25 p.m.) —I believe we are discussing amendment No. 10 which relates to receipts for things seized, 3NA. There is some confusion. The Democrat amendment No. 9 on the running sheet is identical with the government No. 1, which is the provision relating to electronically stored information. Is it Senator Spindler's understanding that we have just gone through that one in the preceding discussion?

Senator Spindler —I believe so.

Senator BOLKUS —We did not proceed with the Democrats' amendment No. 9 but we have proceeded with government amendment No. 1 relating to electronically stored information. My understanding therefore is that the next section deals with occupier entitled to be present during search. The running sheet does not run in accord with the amendments we have in front of us. We now move to Democrat amendment No. 10 which is identical to government amendment No. 2. I move:

(2)Clause 4, page 12, after proposed section 3N, insert the following sections:

Occupier entitled to be present during search

  "`3NA.(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C, entitled to observe the search being conducted.

  "`(2) The right to observe the search being conducted ceases if the person impedes the search.

  "`(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

Receipts for things seized under warrant

  "`3NB.(1) If a thing is seized under a warrant or moved under subsection 3K(2), the executing officer or a constable assisting must provide a receipt for the thing.

  "`(2) If 2 or more things are seized or moved, they may be covered in the one receipt.".

  Amendment agreed to.