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Wednesday, 4 May 1994
Page: 161


Senator SPINDLER (11.06 a.m.) —I move:

2.Clause 16, page 9, after subclause (2) insert the following subclause:

"(2A) In considering whether there are exceptional circumstances, the Attorney-General must:

    (a)give the person a reasonable opportunity to provide to the Attorney-General documents intended to show that there are exceptional circumstances; and

    (b)consider any documents so provided.".

This amendment is intended to give a person who may surrender to the tribunal the basic natural justice right to make written submissions to the Attorney-General on the only live issue—whether there are exceptional circumstances such as would justify the Attorney-General not determining that the person should surrender to the tribunal.

  Our amendment to clause 16 is designed to require the Attorney-General to give the person who may surrender a reasonable opportunity to provide the Attorney-General with documentary material intended to show that there are exceptional circumstances. It further provides that the material provided must be considered by the Attorney-General.

  Amendment agreed to.

  Clause, as amended, agreed to.

  Clause 17 agreed to.

  Clause 18.