Senator ELLISON (Minister for Justice and Customs) (6:28 PM) —by leave—I move government amendments (47) and (62) on sheet RA231:

Legal adviser to be given copy of the warrant

(a) require more than one person to give the legal adviser a copy of the warrant; or

(b) entitle the legal adviser to be given a copy of, or see, a document other than the warrant.

34VA Lawyers' access to information for proceedings relating to warrant

(a) a warrant issued under section 34D in relation to the person; or

(b) the treatment of the person in connection with such a warrant.

These amendments still relate to the issue of lawyer of choice but perhaps more indirectly. The current regime would be replaced with a scheme that allows for the provision of a lawyer of choice, with a range of safeguards to protect the disclosure of sensitive information. Under these proposals, the lawyer would not have to hold a security clearance. The bill, however, provides for the making of regulations which may prohibit or regulate access to information that is controlled on security grounds. It is against policy and against the law for a person who has not undergone a security clearance process to receive access to national security classified material.

The bill will also now clarify that, while a person's legal adviser is entitled to see a copy of the warrant under which the person is being questioned, the legal adviser is not entitled to see classified material. I think this speaks for itself. We have covered previously in the debate the fact that we need to achieve a balance between what the lawyer has access to, based on looking after the interests of the person concerned, and the protection of what is classified material. On that basis, I commend these amendments to the committee.

Question agreed to.