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Tuesday, 13 June 2006
Page: 152


Senator ABETZ (Minister for Fisheries, Forestry and Conservation) (9:39 PM) —The prescribed authority has a very broad discretion in relation to how it will inform itself on this and it can seek advice as to whether or not questioning should be continued after the eight hours. How that judgment call will be made in any particular circumstance is going to be based on the judgment call of the prescribed authority at the time. That is why we appoint these people to make those judgment calls—people who are trained judicially, who hopefully have a good judicial background. We clothe that person with the authority to make these judgment calls rather than trying to prescribe all potential circumstances in legislation. That is why we have people such as prescribed authorities to make these decisions and calls. At the end of the day, we trust the prescribed authority’s capacity to make such a judgment.