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Wednesday, 8 August 2001
Page: 25907


Senator ELLISON (Minister for Justice and Customs) (4:17 PM) —I move government amendment (2) on sheet DY301:

(2) Page 2 (after line 9), after clause 3, insert:

4 Review of effect of this Act

(1) The Minister must cause a person (the responsible person) to review, and to report in writing about, the operation of the National Crime Authority Act 1984 (the NCA Act) as affected by the following provisions of this Act:

(a) items 1, 3, 5, 11 and 13 of Schedule 1 (the provisions that remove the defence of reasonable excuse);

(b) item 12 of Schedule 1 (the provision that removes the derivative-use immunity);

(c) items 7, 12 and 15 of Schedule 1 (the provisions that increase the penalties for non-compliance);

(d) Part 15 of Schedule 1, and Schedule 4 (the contempt provisions).

(2) The responsible person must be someone who, in the Minister's opinion, is suitably qualified and appropriate to conduct the review and make the report.

(3) The review and report must relate to the 5 year period (the review period) beginning on the commencement of Part 1 of Schedule 1.

(4) The review and report must include an assessment of:

(a) the effects of the following provisions in facilitating the performance of the functions of the Authority:

(i) the provisions that remove the defence of reasonable excuse;

(ii) the provision that removes the derivative-use immunity;

(iii) the provisions that increase the penalties for non-compliance; and

(b) the extent (if any) to which persons have been unjustifiably prejudiced because of the enactment of:

(i) the provisions that remove the defence of reasonable excuse; and

(ii) the provision that removes the derivative-use immunity; and

(c) the extent (if any) to which courts have imposed increased penalties allowed for by the provisions that increase the penalties for non-compliance.

(5) The review and report must also include an assessment of any other matter that the responsible person considers relevant to the operation of the provisions of the NCA Act as affected by the provisions referred to in paragraphs (1)(a) to (d).

(6) The report must not:

(a) identify persons as being suspected of having committed offences; or

(b) identify persons as having committed offences unless those persons have been convicted of those offences; or

(c) reveal the identity of a person, if doing so might prejudice:

(i) the safety or reputation of a person; or

(ii) the fair trial of a person who has been or may be charged with an offence.

(7) The Authority must give all reasonable assistance requested by the responsible person in connection with the carrying out of the review and report.

(8) The following activities by a current or former member of the Authority (within the meaning of that Act) or a current or former member of staff of the Authority (within the meaning of that Act) do not constitute a contravention of section 51 of the NCA Act, if they are carried out for the purposes of assisting the responsible person to carry out the review and report:

(a) divulging or communicating information to the responsible person;

(b) recording information;

(c) providing a record of information to the responsible person.

(9) The responsible person must provide a reasonable opportunity for members of the public to make submissions to him or her about matters to which the review and report relate. However, the review process must not include any hearings.

(10) The responsible person must give the report to the Inter-Governmental Committee no later than 6 months after the end of the review period. The report is then to be considered by the Committee and given by the Committee, together with such comments on the report as the Committee thinks fit, to:

(a) the Minister; and

(b) the appropriate Minister of the Crown of each participating State.

(11) After the Minister receives the report and comments from the Inter-Governmental Committee, the Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House.

This amendment deals with the review in proposed section 4 of the bill. This proposed section sets out the requirement for a five-year review of the provisions that remove the defence of reasonable excuse and derivative use immunity, and increase the penalties for non-compliance with the National Crime Authority Act 1984. It is appropriate that, these provisions having attracted some attention and comment, there be a review in relation to that. I commend the amendment to the chamber.