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Title

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION LEGISLATION AMENDMENT (TERRORISM) BILL 2002 [NO. 2]

In Committee

Database

Senate Hansard

Date

25-06-2003

Source

Senate

Parl No.

40

Electorate

Western Australia

Interjector

Brandis, George (The TEMPORARY CHAIRMAN)

Faulkner, Sen John

TEMPORARY CHAIRMAN, The

Ray, Sen Robert

Faulkner, Sen John

Page

12603

Party

LP

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

Ellison, Sen Chris

Stage

In Committee

Type

 

Context

Bills

System Id

chamber/hansards/2003-06-25/0255


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Wednesday, 25 June 2003
Page: 12603


Senator ELLISON (Minister for Justice and Customs) (8:10 PM) —Now that some of our amendments have been amended in relation to the time limit, that puts us in the position where our amendments have been amended, as I understand it, in a way that we are not happy with.


Senator Robert Ray —Which you can express in the House of Representatives.


Senator ELLISON —The fact is that the time limit has now been varied. Government amendments (14), (20) and (27) on sheet RA231 were in conflict with the opposition amendments that have now been passed. These amendments have now been amended. They should be dealt with separately—


Senator Faulkner —Are you seeking leave to deal with those matters?


Senator ELLISON —I am just outlining the situation at the moment, because we have here a bundle of government amendments, some of which have been amended and some of which have not. The opposition successfully moved to pass its amendments. Government amendments (14), (20) and (27) would now be amended accordingly. Perhaps they should be dealt with separately. I seek leave to move government amendments (13), (17) to (19), (21), (22), (28), (42), (43), (49) to (51), (53) to (56) and (58) to (60) on sheet RA231.

Leave granted.


Senator ELLISON —I move:

(13) Schedule 1, item 24, page 10 (line 18), omit “produce; and”, substitute “produce.”.

(17) Schedule 1, item 24, page 11 (line 36) to page 12 (line 6), omit subsection (5).

(18) Schedule 1, item 24, page 12 (line 11), omit “, and with subsection 34C(5) if relevant”.

(19) Schedule 1, item 24, page 12 (line 16), omit “offence; and”, substitute “offence.”.

(21) Schedule 1, item 24, page 12 (lines 33 to 35), omit “a specified period of not more than 48 hours starting when the person is brought before the authority”, substitute “the period (the questioning period) described in subsection (3)”.

(22) Schedule 1, item 24, page 13 (lines 1 to 7), omit subsection (3), substitute:

(3) The questioning period starts when the person is first brought before a prescribed authority under the warrant and ends at the first time one of the following events happens:

(a) someone exercising authority under the warrant informs the prescribed authority before whom the person is appearing for questioning that the Organisation does not have any further request described in paragraph (5)(a) to make of the person;

(b) section 34HB prohibits anyone exercising authority under the warrant from questioning the person under the warrant;

(c) the passage of 168 hours starting when the person was first brought before a prescribed authority under the warrant.

(28) Schedule 1, item 24, page 21 (after line 25), at the end of Subdivision B, add:

34HB End of questioning under warrant

(1) Anyone exercising authority under a warrant issued under section 34D must not question a person under the warrant if the person has been questioned under the warrant for a total of 8 hours, unless the prescribed authority before whom the person was being questioned just before the end of that 8 hours permits the questioning to continue for the purposes of this subsection.

(2) Anyone exercising authority under a warrant issued under section 34D must not question a person under the warrant if the person has been questioned under the warrant for a total of 16 hours, unless the prescribed authority before whom the person was being questioned just before the end of that 16 hours permits the questioning to continue for the purposes of this subsection.

(3) Anyone exercising authority under the warrant may request the prescribed authority to permit the questioning to continue for the purposes of subsection (1) or (2). The request may be made in the absence of:

(a) the person being questioned; and

(b) a legal adviser to that person; and

(c) a parent of that person; and

(d) a guardian of that person; and

(e) another person who meets the requirements of subsection 34NA(7) in relation to that person; and

(f) anyone the person being questioned is permitted by a direction under section 34F to contact.

(4) The prescribed authority may permit the questioning to continue for the purposes of subsection (1) or (2), but only if he or she is satisfied that:

(a) there are reasonable grounds for believing that permitting the continuation will substantially assist the collection of intelligence that is important in relation to a terrorism offence; and

(b) persons exercising authority under the warrant conducted the questioning of the person properly and without delay in the period mentioned in that subsection.

(5) The prescribed authority may revoke the permission. Revocation of the permission does not affect the legality of anything done in relation to the person under the warrant before the revocation.

(6) Anyone exercising authority under a warrant issued under section 34D must not question a person under the warrant if the person has been questioned under the warrant for a total of 24 hours.

Release from detention when further questioning is prohibited

(7) If the warrant meets the requirement in paragraph 34D(2)(b), the prescribed authority must, at whichever one of the following times is relevant, direct under paragraph 34F(1)(f) that the person be released immediately from detention:

(a) at the end of the period mentioned in subsection (1) or (2), if the prescribed authority does not permit, for the purposes of that subsection, the continuation of questioning;

(b) immediately after revoking the permission, if the permission was given but later revoked;

(c) at the end of the period described in subsection (6).

Subsection 34F(2) does not prevent the prescribed authority from giving a direction in accordance with this subsection.

(42) Schedule 1, item 24, page 28 (after line 3), at the end of section 34NA, add:

(10) To avoid doubt, paragraphs (6)(b) and (8)(e) do not affect the operation of section 34HB.

(43) Schedule 1, item 24, page 29 (after line 5), after subsection (4), insert:

(4A) A person commits an offence if:

(a) the person has been approved under section 24 to exercise authority conferred by a warrant issued under section 34D; and

(b) the person exercises, or purports to exercise, the authority by questioning another person; and

(c) the questioning contravenes section 34HB; and

(d) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

(49) Schedule 1, item 24, page 32 (lines 32 and 33), omit “(whether in connection with the warrant or another warrant issued under section 34D)”, substitute “in connection with the warrant”.

(50) Schedule 1, item 24, page 33 (line 2), omit “any of those warrants”, substitute “the warrant”.

(51) Schedule 1, item 24, page 33 (lines 9 and 10), omit “any of those warrants”, substitute “the warrant”.

(53) Schedule 1, item 24, page 33 (line 33), omit “such a”, substitute “the”.

(54) Schedule 1, item 24, page 35 (lines 22 and 23), omit “(whether in connection with the warrant or another warrant issued under section 34D)”, substitute “in connection with the warrant”.

(55) Schedule 1, item 24, page 35 (line 26), omit “any of those warrants”, substitute “the warrant”.

(56) Schedule 1, item 24, page 35 (lines 32 and 33), omit “any of those warrants”, substitute “the warrant”.

(58) Schedule 1, item 24, page 36 (lines 4 and 5), omit “a warrant issued under section 34D”, substitute “the warrant”.

(59) Schedule 1, item 24, page 36 (lines 8 and 9), omit “(whether in connection with the warrant mentioned in paragraph (a) or another warrant issued under section 34D)”, substitute “in connection with the warrant”.

(60) Schedule 1, item 24, page 36 (lines 16 and 17), omit “any of those warrants”, substitute “the warrant”.

Question agreed to.