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Tuesday, 30 November 2004
Page: 66


Senator GREIG (4:45 PM) —by leave—I move Democrat amendments (24) and (25):

(24) Clause 31, page 33 (line 26), at the end of paragraph (1)(c), add “, including the same details as would be required by section 17 in respect of a warrant”.

(25) Clause 31, page 33 (after line 26), at the end of subclause (1), add:

; and (d) the reasons for granting the emergency authorisation.

These amendments seek to enhance the information contained in the written record of an emergency authorisation. The Democrats believe that this record should contain the same details that are required by clause 17 in respect of a normal warrant. We believe that this information will be important not only to the judge or AAT member who must consider whether approval should be granted but also in any court of law where the admissibility of the evidence is subsequently challenged. Perhaps, most importantly, amendment (25) requires the record of an emergency authorisation to set out the reasons why it was considered necessary to provide the emergency authorisation—in other words, the reasons for the urgency. We believe that this is a means by which to ensure a greater level of accountability in the granting of emergency authorisations, and we believe that it will help to ensure that such authorisations are only granted in situations involving genuine urgency.