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Wednesday, 25 June 2003
Page: 12607

Senator BROWN (8:23 PM) —by leave—I move Greens' amendment (1) on sheet 2978, as amended:

(1) Schedule 1, item 24, page 9 (before line 14), before section 34C, insert:

34CA Maximum period of detention

For the avoidance of doubt, where a person has been detained for a continuous period of 72 hours in accordance with any provision of this Division, at the expiration of that time the person must be either charged or released.

With the passage of events, this amendment becomes somewhat squeezed because it is saying that after the 72 hours of detention, which the committee is now allowing, the person must either be charged or released. That is self-evident because, with the 72-hour provision under the new government amendments which we have just passed, the person would have to be released. That is, I think, the case. I ask the minister: what is to prevent a person being released and a warrant being issued so that as they are on their way home they are re-arrested and brought straight back in for the next regime? What is the minimum time between when a person can be released and re-arrested under the provisions as we now have them?