Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 18 June 2003
Page: 11917


Senator FAULKNER (Leader of the Opposition in the Senate) (6:36 PM) —I move opposition amendment (6) on sheet 2953:

(6) Schedule 1, item 24, page 19 (after line 17), at the end of section 34G, add:

(10) A person who is or has been before a prescribed authority for questioning under warrant may not disclose any information about the questioning or the production of records or things unless authorised to do so in writing by the prescribed authority.

Penalty: Imprisonment for 5 years.

(11) Subsection (10) does not apply to contact between the person and the Inspector-General of Intelligence and Security or the Ombudsman under:

(a) sections 10 and 13 of the Inspector-General of Intelligence and Security Act 1986; or

(b) section 22 of the Complaints (Australian Federal Police) Act 1981;

as the case may be.

Opposition amendment (6) provides for enforceable secrecy provisions governing disclosure of attendance at interviews. Given the nature and the possible context of information that is being dealt with, the opposition says, and has consistently said, that it is appropriate that the prescribed authority be the judge of what can be said and to whom it can be said. As such, it is the opposition's view that it should be an offence to break any such order made by the prescribed authority. Let us be clear: these provisions apply to the person who is the subject of the warrant. I have been consistently surprised that the government actually has not picked up these provisions, but it has not. I think these provisions would strengthen the bill.

I want to acknowledge that the amendment to my amendment that stands in the name of Senator Greig on behalf of the Australian Democrats does, I think, strengthen the opposition's amendment and does deal with an important technical issue. At this stage in the debate, I would like to acknowledge that and to thank Senator Greig for proposing such an amendment to deal with the matter. I think it is of assistance to the committee. I suspect that the fate of this amendment that I have moved on behalf of the opposition may be clear, but I think the arguments for this provision are strong and I commend it to the committee.