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TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT BILL (NO. 2) 1984

Order of the Day read for the adjourned debate on the motion of the Attorney-General (Senator Gareth Evans)-That this Bill be now read a second time-And on the amendment moved thereto by Senator Durack, viz: At end of motion, add '', but the Senate calls upon the Government to establish a Royal Commission with terms of reference to investigate and report upon: (a) the origins of the tapes and documents, the subject of the Bill;

(b) the authenticity of the information contained in and upon the said tapes and documents;

(c) whether such information reveals any offences against laws of the Commonwealth;

(d) whether, arising from such information, any criminal charges should be laid;

(e) whether any action has already been taken by any law enforcement agency arising out of the said information; and

(f) whether any immunities should be granted to any person to enable the Royal Commission fully to investigate the above matters''.

Debate resumed.

Question-That the words proposed to be added be added-put.

The Senate divided

AYES, 23

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Jessop Kilgariff (Teller) Lajovic Lewis MacGibbon Martin Messner Missen Rae, Peter Reid Scott Teague Walters

NOES, 29

Senators- Bolkus Button Coleman Colston Cook Crowley Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones McIntosh Macklin Maguire Mason Primmer Ray, Robert Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

And so it was negatived.

Question-That this Bill be now read a second time-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read- On the motion of Senator Durack the following amendments were, by leave, taken together, debated and agreed to: Page 2, proposed new sub-section 7B (1), line 4, leave out ''either or both'', insert ''any or all''.

Page 2, after proposed new paragraph 7B (1) (b), add the following new paragraph: ''; (c) the National Crime Authority''.

Page 2, proposed new sub-section 7B (2), line 11, leave out '', the Commissioner'', insert ''or the National Crime Authority, the Commissioner or Authority''.

Page 2, after proposed new paragraph 7B (2) (b), insert the following word and paragraph: ''; or

(c) in the case of the National Crime Authority-whether the document is or may be relevant to matters with which the Authority is concerned,''.

Page 2, proposed new sub-section 7B (2), line 23, after ''Commissioner'', insert '' or the Authority, as the case may be,''.

Page 3, after proposed new sub-section 7B (4), add the following new sub-section: '' '(5) If a document referred to in sub-section (1) is given to the National Crime Authority and the Authority is satisfied as to the matters mentioned in sub-section (2), the Authority may make use of the document for the purposes of the performance of the Authority's functions, and, without limiting the generality of the foregoing, the Authority may- (a) show the document to a person giving evidence to the Authority;

(b) subject to any relevant restrictions provided by the National Crime Authority Act 1984, include matter contained in the document in any report made, or information furnished, by the Authority in the performance of its functions; and

(c) make such other use of the document as the Authority considers appropriate for the purpose of identifying the person who made the document and the circumstances in which the document was made.''.

On the motion of Senator Durack the following further amendment was debated and agreed to: Page 3, proposed new section 7C, after ''document'' (wherever occurring), insert ''or information''.

On the motion of Senator Gareth Evans the following amendments were, by leave, taken together and agreed to: Page 2, proposed new paragraph 7B (1) (a), lines 6 and 7, leave out ''by Letters Patent dated 25 June 1981 to be a Commissioner to make inquiry into certain matters'', insert ''by the Governor of the State of New South Wales by Letters Patent dated 24 June 1981 to be a Commissioner to make inquiry into certain matters and by the Administrator of the Government of the Commonwealth by Letters Patent dated 25 June 1981 to be a Commissioner to make inquiry into certain matters''.

Page 2, proposed new sub-section 7B (3), line 27, leave out ''the inquiry'', insert ''any inquiry''.

Clause 3, as amended, agreed to.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Deputy-President resumed the Chair; and the Temporary Chairman of Committees (Senator Collard) reported accordingly.

On the motion of Senator Gareth Evans the Report from the Committee was adopted, and the Bill read a third time.