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Wednesday, 6 June 1984
Page: 2662


Senator GARETH EVANS (Attorney-General)(6.29) —We do, regrettably, have a few more matters to clean up, which it does not appear we will be able to do in a minute. Perhaps in order to give Hansard and those who have to sort out the proof copies a head start, could I at this point jump the gun and move the large bundle of uncontested amendments which are at the end of our list under the heading 'Remainder of the Bill'.


The CHAIRMAN —Yes, that is perfectly in order.


Senator GARETH EVANS —I seek leave to move them together.

Leave granted.


Senator GARETH EVANS —I also seek leave, as I did on an earlier occasion, to incorporate in Hansard in the appropriate location after the text of each amendment in the series, a short explanatory note so that the ever-eager posterity will appreciate what on earth it is we are doing.

Leave granted.


Senator Durack —Have you given notice?


Senator GARETH EVANS —This is the bundle of material that I circulated around the chamber. It is just a paragraph or so of explanations. Accordingly I move:

(1) Page 2, clause 4, after the definition of ''Authority'', insert the following definition:

'' 'business' includes-

(a) any profession, trade, employment or vocational calling;

(b) any transaction or transactions, whether lawful or unlawful, in the nature of trade or commerce (including the making of a loan); and

(c) any activity, whether lawful or unlawful, carried on for the purposes of gain, whether or not the gain is of a pecuniary nature and whether the gain is direct or indirect;''.

Explanatory note:

1. Defines 'business' for the purposes of amendment 44 removing the privilege against self-incrimination in regard to production of business records.

Rec. (26)

(4) Page 3, clause 4, after the definition of ''State'', insert the following definition:

'' 'Task Force' includes a body of persons that is similar to a Task Force, however the body is described;''.

Explanatory note:

4. Defines a 'Task Force'.

Rec. (8)

(6) Page 7, clause 9, sub-clause (3), lines 18 to 24, leave out paragraphs (a) and (b), insert the following paragraphs:

''(a) if the reference or any of the references is a reference by the Commonwealth Minister-the member of the Committee representing the Commonwealth voted in favour of the resolution; and

(b) if the reference or any of the references is a reference by a Minister of the Crown of the State-the member of the Committee representing that State voted in favour of the resolution.''.

Explanatory note:

6. Taken with amendment 7, this clarifies the procedure whereby a reference will not apply to offences against the laws of a jurisdiction unless that jurisdiction joins in the reference, but that in the case of mixed references, the failure of one jurisdiction-say, a State-to so join in does not invalidate the reference as a whole.

Rec. (16)

(7) Page 7, clause 9, after sub-clause (3), insert the following sub-clause:

''(3A) Where, by reason that a member (in this sub-section referred to as the ' relevant member') or members (in this sub-section referred to as the 'relevant members') of the Committee did not vote in favour of a resolution of the Committee purporting to approve a reference or references to the Authority of a matter for investigation, the resolution does not have any effect for the purposes of this Act, nothing in sub-section (3) prevents the Committee from passing a further resolution approving a reference or references to the Authority of the matter for investigation other than-

(a) if the relevant member was, or the relevant members included, the member representing the Commonwealth-a reference of the matter by the Commonwealth Minister; or

(b) if the relevant member was, or the relevant members were or included, a member representing a State, or members representing States-a reference of the matter by a Minister of the Crown of that State, or of any of those States, as the case may be.''.

Explanatory note:

7. This is to make abundantly clear, and to remove any possible doubt as to, the matters referred to under amendment 6, above.

Rec. (16)

(10) Page 9, clause 11, at the end of the clause, add the following sub-clause:

''(4) Where the Minister gives notice to the Authority under sub-section (3), the Minister shall-

(a) as soon as practicable after giving the notice to the Authority, cause a copy of the notice to be published in the Gazette; and

(b) cause a copy of the notice to be laid before each House of the Parliament within 15 sitting days of that House after the Minister gives the notice to the Authority.''.

Explanatory note:

10. Provides that where the Commonwealth Minister gives a notice to the Authority withdrawing a reference so far as it relates to Commonwealth offences, that notice is to be gazetted and laid before Parliament.

Rec. (17)

(19) Page 14, lines 19 to 39 and page 15, lines 1 to 15, clause 21, leave out sub-clauses (4) to (11) (both inclusive), insert the following sub-clauses:

''(8) At a hearing before the Authority-

(a) a person giving evidence may be represented by a legal practitioner; and

(b) if, by reason of the existence of special circumstances, the Authority consents to a person who is not giving evidence being represented by a legal practitioner-the person may be so represented.

''(9) A hearing before the Authority shall be held in private and the Authority may give directions as to the persons who may be present during the hearing or a part of the hearing.

''(10) Nothing in a direction given by the Authority under sub-section (9) prevents the presence, when evidence is being taken at a hearing before the Authority, of-

(a) a person representing the person giving evidence; or

(b) a person representing, pursuant to sub-section (8), a person who, by reason of a direction given by the Authority under sub-section (9), is entitled to be present.

''(11) Where a hearing before the Authority is being held, a person (other than a member or an acting member, counsel assisting the Authority in relation to the matter that is the subject of the hearing or a member of the staff of the Authority approved by the Authority) shall not be present at the hearing unless the person is entitled to be present by virtue of a direction given by the Authority under sub-section (9) or by virtue of sub-section (10).''.

Explanatory note:

19. This provides that hearings of the Authority are to be held in private.

Rec. (32)

It also provides for the possibility that in special circumstances, the Authority might properly permit a person other than a witness giving evidence, to be legally represented at a hearing.

(21) Page 15, clause 21, line 23, leave out ''(4)'', insert ''(8)''.

Explanatory note

21. This merely corrects an erroneous cross-reference.

(23) Page 15, clause 21, after sub-clause (13), insert the following sub- clauses:

''(13A) Where-

(a) a person has been charged with an offence before a federal court or before a court of a State or Territory; and

(b) the court considers that it may be desirable in the interests of justice that particular evidence given before the Authority, being evidence in relation to which the Authority has given a direction under sub-section (13), be made available to the person or to a legal practitioner representing the person,

the court may give to the Authority a certificate to that effect and, if the court does so, the Authority shall make the evidence available to the court.

''(13B) Where-

(a) the Authority makes evidence available to a court in accordance with sub- section (13A); and

(b) the court, after examining the evidence, is satisfied that the interests of justice so require,

the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person.''.

Explanatory note:

23. This provides for a special procedure whereby the Court in a criminal trial may, if justice requires, require the Authority to make available to the Defence evidence given in private and subject to a non-disclosure order of the Authority . This has application where a witness in a criminal trial may have made inconsistent statements in a closed Authority hearing previous to the trial and the Defence, by whatever means, is aware of this and wishes to have access. This provision seeks to preserve a rule of evidence important in criminal trials whilst taking account of the difficulties of a situation which has recently arisen in regard to evidence given before closed Royal Commission hearings. The new provision in this amendment allows the Court access, and the Court decides whether to make the evidence available to the Defence.

Rec. (34)

(24) Page 15, clause 21, line 42, leave out ''or a part of a hearing''.

Explanatory note:

24. This is consequential upon amendment 19 above.

Rec. (32)

(25) Page 16, clause 21, lines 5o to 8, leave out sub-clause (15).

Explanatory note:

25. This is consequential upon amendment 19 above. The special exception to defamation law is no longer necessary as all hearings are to be in private.

Rec. (32, 33)

(26) Page 16, clause 23, after sub-clause (1), insert the following sub-clause:

''(1A) A person who proposes to make, or has made an application to the Federal Court-

(a) under sub-section 25A (2) for an order of review in respect of a decision of the Authority; or

(b) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act,

may make an application to the Attorney-General for the provision of assistance under this section in respect of the application to the Federal Court.''.

Explanatory note:

26. This extends the availability of legal aid as a consequence of the avenues for judicial review added by amendments 44, 45 and 50.

Rec. (47)

(27) Page 16, clause 23, line 18, insert ''or (1A)'' after ''(1)''.

Explanatory note:

27. This is consequential upon amendment 26 above.

Rec. (47)

(28) Page 16, clause 23, line 27, insert '', or the application by that person to the Federal Court, as the case may be,'', after ''Authority''.

Explanatory note:

28. This is consequential upon amendment 26 above.

Rec. (47)

(29) Page 16, clause 24, lines 32 to 42, leave out sub-clause (2), insert the following sub-clauses:

''(2) A summons under sub-section (1) requiring a person to appear before the Authority at a hearing shall be accompanied by a copy of the notice by which the matter to which the hearing relates was referred to the Authority under section 11 or in accordance with section 12.

''(2A) A summons under sub-section (1) requiring a person to appear before the Authority at a hearing shall, unless the Authority is satisfied that, in the particular circumstances of the special investigation to which the hearing relates, it would prejudice the effectiveness of the special investigation for the summons to do so, set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Authority intends to question the person, but nothing in this sub-section prevents the Authority from questioning the person in relation to any matter that relates to the special investigation.

Explanatory note:

29. This retains the requirement in the existing Bill that a summons issued by the Authority requiring a person to appear before it at a hearing shall be accompanied by a copy of the notice by which the matter the subject of the hearing was referred to the Authority.

However, new sub-clause 24 (2A) permits the Authority to dispense with the additional requirements to set out in the summons the general nature of the matters it intends questioning the person upon, if the Authority is satisfied that to do otherwise would, in the particular circumstances, prejudice the effectiveness of the special investigation to which the hearing relates.

Rec. 22 (a)

The amendment also incorporates a proviso to the effect that where notice of the general nature of the matters upon which the witness is to be questioned is given, the Authority is not prevented from asking questions about any other matters relevant to the special investigation in hand.

Rec. 22 (b)

(43) Page 19, after clause 25, insert the following new clause:

Applications to Federal Court of Australia

''25A. (1) Where-

(a) a person or body claims to be entitled to refuse to furnish information or produce a document or thing that he or it is required to furnish or produce pursuant to a notice under section 17A;

(b) a person claims to be entitled to refuse to produce a document or thing that he is required to produce pursuant to a notice under section 24A; or

(c) a person claims to be entitled to refuse to answer a question put to him, or to produce a document or thing that he was required to produce, at a hearing before the Authority,

the Authority shall decide as soon as practicable whether in its opinion the claim is justified and notify the person of its decision.

''(2) If the person or body is dissatisfied with the decision, he or it may apply to the Federal Court for an order of review of the decision.

''(3) Where the Authority decides that a claim by a person that he is entitled to refuse to produce a document is not justified, the person is not entitled to make an application to the Federal Court under sub-section (2) in respect of the decision unless the person has produced the document to the Authority or placed the document in the custody of the Registrar of that Court, and where the person has so produced the document and makes such an application, the Authority shall cause the document to be placed in the custody of the Registrar of that Court.

''(4) On an application for an order of review in respect of a decision of the Authority under sub-section (1), the Federal Court may, in its discretion, make an order-

(a) affirming the decision; or

(b) setting aside the decision.

''(5) Where the Federal Court makes an order under sub-section (4) setting aside a decision by the Authority that a claim by a person that he was entitled to refuse to produce a document is not justified-

(a) unless paragraph (b) applies-the Federal Court shall make a further order directing that the document be delivered to the person;

(b) if the Federal Court-

(i) makes the first-mentioned order for the reason that the person was entitled , on the ground that production of the document might tend to incriminate him, to refuse to produce the document;

(ii) is satisfied that the person was not entitled on any other ground to refuse to produce the document; and

(iii) is satisfied that an undertaking of a kind referred to in sub-section 25 (5) or (7) has, or 2 or more such undertakings have, been given to the person and that the person, if now required to produce the document at a hearing before the Authority, would not be entitled to refuse so to produce it,

The Federal Court shall make a further order directing that the document be delivered to the Authority; and

(c) if the Federal Court-

(i) makes the first-mentioned order for the reason that, or for reasons including the reason that, the person was entitled, on the ground that production of the document might tend to incriminate him, to refuse to produce the document; and

(ii) makes a further order directing that the document be delivered to the person,

evidence of production of the document by the person to the Authority, or of the placing of the document by the person in the custody of the Registrar of the Federal Court, as the case may be, for the purposes of the application on which the orders were made is not admissible in proceedings against the person for an offence against a law of the Commonwealth, of a State or of a Territory, other than proceedings in respect of the falsity of evidence given by the person.

''(6) A prosecution for an offence under section 17A, 24A or 25 shall not be commenced in respect of a refusal or failure by a person to furnish information, produce a document or thing or answer a question-

(a) if the person has claimed to be entitled to refuse to furnish the information, produce the document or thing or answer the question, as the case may be, and the Authority decides that, in its opinion, the claim is not justified-until the expiration of the period of 5 days (excluding days on which the Registry of the Federal Court is closed) immediately after the day on which the Authority so decides; or

(b) if the person has made an application to the Federal Court under sub- section (2) for an order of review in respect of a decision by the Authority that, in its opinion, a claim by the person to refuse to furnish the information , produce the document or thing or answer the question is not justified-until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of.

''(7) An order of the Federal Court under sub-section (4) is, subject to any appeal from that order, conclusive for the purposes of any other proceedings.''.

''(8) Where a person who is required to produce a document pursuant to a notice under section 24A, or who is required to produce a document at a hearing before the Authority, claims that-

(a) the document contains-

(i) particular matter (in this sub-section referred to as the 'relevant matter' ) relating to the personal affairs of the person, not being matter relating to the activities of an existing or past business; or

(ii) in the case of a person who is or has been an employee-particular matter ( in this sub-section also referred to as the 'relevant matter'), being details of earnings received by the person in respect of his employment; and

(b) the person would, if the document had contained only the relevant matter, have been entitled, on the ground that production of the document might tend to incriminate him, to refuse so to produce the document,

the person may, whether or not he has made an application to the Federal Court under sub-section (2) in respect of a decision by the Authority in relation to the document, make an application to the Federal Court for an order under this sub-section and, if such an application is made and the document is produced to that Court, then, subject to paragraph (5) (a), that Court-

(c) if it is satisfied that the claim is justified-may, subject to paragraph (d ) of this sub-section, make such order as it thinks fit for the excision or concealment of the part of the document that contains the relevant matter and shall, if it makes such an order, make a further order directing that the document be delivered to the Authority after the first-mentioned order has been complied with;

(d) if it is satisfied that an undertaking of a kind referred to in sub-section 25 (5) or (7) has, or 2 or more such undertakings have, been given to the person and that the person would not, if the document contained only the relevant matter and the person were now required to produce the document to the Authority , be entitled, on the ground that production of the document might tend to incriminate him, to refuse so to produce it-shall make an order directing that the document be delivered to the Authority; and

(e) if paragraph (d) does not apply and that Court does not make an order of the kind first referred to in paragraph (c)-shall make an order directing that the document be delivered to the Authority.

''(9) A person is not entitled to make an application to the Federal Court under sub-section (8) in relation to a document unless that person has produced the document to the Authority or placed the document in the custody of the Registrar of that Court, and where the person has so produced the document and makes such an application, the Authority shall cause the document to be placed in the custody of the Registrar of that Court.

''(10) Where-

(a) a person makes a claim as mentioned in sub-section (8) in relation to particular matter (in this sub-section referred to as the 'relevant matter') contained in a document; and

(b) the Federal Court, being satisfied that the claim is justified, makes in relation to the document an order of the kind first referred to in paragraph (8) (c),

evidence of production of the document by the person to the Authority, or of the placing of the document by the person in the custody of the Registrar of the Federal Court, as the case may be, for the purposes of the application on which the order is made is, in so far as the document contains the relevant matter, not admissible in any proceedings against the person for an offence against a law of the Commonwealth, of a State or of a Territory, other than proceedings in respect of the falsity of evidence given by the person.

''(11) A prosecution for an offence under section 24A or 25 shall not be commenced in respect of a refusal or failure by a person to produce a document-

(a) if the person has made a claim in relation to the document as mentioned in sub-section (8)-until the expiration of the period of 5 days (excluding days on which the Registry of the Federal Court is closed) immediately after the day on which the document was to be produced; or

(b) if the person has made an application under sub-section (8) in relation to the document-until the application, and any appeal from an order made by the Federal Court on the application, have been determined or otherwise disposed of.

''(12) An application to the Federal Court under sub-section (2) or (8)-

(a) shall be made in such manner as is prescribed by Rules of Court made under the Federal Court of Australia Act 1976;

(b) shall set out the grounds of the application; and

(c) shall be lodged with the Registry of the Federal Court within the period of 5 days (excluding days on which the Registry is closed) immediately after the day on which-

(i) in the case of an application under sub-section (2)-the decision to which the application relates is made; or

(ii) in the case of an application under sub-section (8)-the document to which the application relates was to be produced,

or within such further period as that Court (whether before or after the expiration of the first-mentioned period) allows.''.

Explanatory note:

43. This provides to a person claiming entitlement to resist the production of information, documents or things, or to answer questions at a hearing of the Authority or under the other procedures for notices to produce, an avenue under which the Authority is required to speedily determine such claim, subject to review by the Federal Court. Where the claim relates to documents, the documents are to be placed in the custody of the Court's Registrar pending the outcome. Provision is made for a time limit on applications and for stay of any prosecution in the interim.

Rec. (23, 44b)

Where a document is claimed to be one containing personal, non-business information, a special procedure is to be available on application to the Federal Court whereby the Court may make appropriate orders so that the authority receives the business record portion only.

Rec. (26)

Express provision is made for the Federal Court to order the return of the document to the claimant or its delivery to the Authority, depending upon whether the Court upholds or rejects the claim.

Special provision is made to allow the Federal Court to order the claimant to deliver the document to the Authority where, notwithstanding a successful claim of the self-incrimination privilege, an ''indemnity'' undertaking pursuant to sub-clause 25 (5) or (7) has been given to the claimants.

Additionally, where a claim on the ground of self-incrimination is successful, evidence of the production of the document to the Authority or to the Court Registrar is not admissible in proceedings against the claimant except proceedings for falsity of evidence given by the claimant.

(44) Page 19, clause 26, line 30, leave out ''An offence against'', insert ''A contravention of''.

Explanatory note:

44. This is a 'tidying-up' amendment.

(45) Page 19, after clause 26, insert the following new clause:

Protection of witnesses, &c.

''26A. Where it appears to a member or acting member that, by reason of the fact that a person-

(a) is to appear, is appearing or has appeared at a hearing before the Authority to give evidence or to produce a document or thing; or

(b) proposes to furnish or has furnished information, or proposes to produce or has produced a document or thing, to the Authority otherwise than at a hearing before the Authority,

the safety of the person may be prejudiced or the person may be subjected to intimidation or harassment, the member or acting member may make such arrangements (including arrangements with the Minister or with members of the Australian Federal Police or of the Police Force of a State) as are necessary to avoid prejudice to the safety of the person, or to protect the person from intimidation or harassment.''.

Explanatory note:

45. This makes express provision for steps to be taken for the protection of witnesses before the Authority from intimidation or harassment by reason of the fact of their appearance or proposed appearance before it. This was recommended by the Standing Committee on the basis of United States precedents for such measures.

Rec. (45)

(47) Page 26, before clause 44, insert the following clause in Part III:

Transfer of certain materials to the Authority

''43A. Upon the termination of the Royal Commission that was commissioned, by Letters Patent dated 10 September 1980, to inquire into the activities of the Federated Ship Painters and Dockers Union, the Authority is entitled to take possession of all documents and other materials that relate to the inquiry conducted by the Royal Commission and that are in the possession or under the control of the person conducting the Royal Commission.''.

Explanatory note:

47. This makes express provision for the transfer of all materials held by Royal Commissioner Mr F. X. Costigan, QC under the relevant Letters Patent at the expiration of those letters. This material consists of information and computer data which will be useful to the Authority, and its transfer was recommended by the Standing Committee.

Rec. (48)

(48) Page 26, after clause 44, insert the following new clause:

Application of Administrative Decisions (Judicial Review) Act

''44A. Section 11 of the Administrative Decisions (Judicial Review) Act 1977 has effect in relation to matters arising under this Act as if sub-sections (1) to (5), inclusive, of that section were omitted and the following sub-section were substituted:

'(1) An application to the Court for an order of review in respect of a matter arising under the National Crime Authority Act 1984-

(a) shall be made in such manner, and shall contain such particulars, as are prescribed by Rules of Court and shall contain such other particulars (if any) as the Court directs;

(b) shall set out the grounds of the application; and

(c) shall be lodged with a Registry of the Court within the period of 5 days ( excluding days on which the Registry is closed) after the day on which the applicant becomes aware of the matter or within such further period as the Court (whether before or after the expiration of the first-mentioned period) in special circumstances allows.''.

Explanatory note:

48. This inserts a new clause to provide a special steamlined procedure under the Administrative Decision (Judicial Review) Act 1977 whereby persons aggrieved by decisions of the Authority can seek review by the Federal Court of Australia without undue delay which might hamper the work of the Authority. This is in accordance with the Standing Committee's recommendation.

Rec. (44a)

(49) Page 26, clause 46, lines 26 to 35, leave out sub-clauses (1) and (2), insert the following sub-clause:

''(1) The Authority shall keep the Minister informed of the general conduct of its operations in the performance of its functions and, if the Minister requests the Authority to provide to him information concerning a specific matter relating to-

(a) the Authority's operations in the performance of its general functions;

(b) the Authority's operations in respect of a reference or references made to the Authority under section 11,

the Authority shall comply with the request.''.

Explanatory note:

49. This is consequential upon amendment 9 above.

Rec. (1)

(52) Page 27, clause 46, after sub-clause (7), insert the following sub-clause:

''(7A) The Authority may, whenever it appears to the Authority to be appropriate to do so, furnish to authorities and persons responsible for taking civil remedies by or on behalf of the Crown in right of the Commonwealth, of a State or of a Territory any information that has come into the possession of the Authority in the course of any investigations conducted by it and that may be relevant for the purposes of so taking such remedies in respect of matters connected with, or arising out of, offences against the laws of the Commonwealth , of a State or of a Territory, as the case may be.''.

Explanatory note:

52. This permits the Authority, where appropriate, to furnish relevant information coming into its possession in the course of its investigation to the authorities responsible for the taking of civil remedies on behalf of the Crown in right of the Commonwealth, a State or Territory, in respect of matters connected with or arising from, offences.

(53) Page 28, after clause 46, insert the following new clause:

Public sittings and bulletins

''46A. (1) The Authority may hold sittings in public for the purpose of informing the public of, receiving submissions in relation to, the general conduct of its operations.

''(2) At a sitting held under sub-section (1), the Authority may be constituted by one or more members or acting members.

''(3) Subject to sub-section (2), section 38 applies, so far as it is capable of application, in relation to a sitting held under sub-section (1) as if the sitting were a meeting of the Authority.

''(4) The Authority may publish bulletins for the purpose of informing the public of the general conduct of its operations.

''(5) The Authority shall not-

(a) divulge in the course of a sitting held under sub-section (1); or

(b) include in a bulletin published under sub-section (4),

any matter the disclosure of which to members of the public could prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.''.

Explanatory note:

53. This permits the Authority to hold public sittings, as opposed to hearings where witnesses are examined. At a public sitting, the Authority is able to give the public general information as to its operations or receive submissions in that regard, and it may publish bulletins for public information, but it may not publish or divulge anything prejudicial to the safety, reputation or fair trial of a person. The distinction between private hearings and public sittings was drawn by the Standing Committee in its Report at paragraph 6.16 thereof.

(54) Page 28, clause 48, lines 25 to 29, leave out sub-clause (1), insert the following sub-clause:

''(1) The Authority shall, as soon as practicable after each 30 June, prepare a report of its operations during the year that ended on that 30 June and furnish the report to the Inter-Governmental Committee for transmission, together with such comments on the report as the Committee thinks fit, to the Commonwealth Minister and to the appropriate Minister of the Crown of each participating State.''.

Explanatory note:

54. This provides for the Inter-Governmental Committee to make comments on the Authority's annual report which are to be tabled along with it. This was suggested by State Ministers in discussion with Commonwealth Ministers and the Government sees no objection to it. It serves to underline the co-operative scheme of the Bill.

(55) Page 28, clause 48, line 34, insert '', which may include statistics,'' after ''description''.

Explanatory note:

55. This provision expressly provides for the Authority to include statistics in its Annual Report as recommended by the Standing Committee.

Rec. (39)

(56) Page 29, clause 48, at the end of sub-clause (2), add the following paragraphs:

''(f) particulars of matters in respect of which the Authority has, during that year, made requests under sub-section 9A (1) and, subject to sub-section (4A) of this section, of the outcome of such requests; and

(g) particulars of the number and results of-

(i) applications made to the Federal Court under sub-section 25A (2) for orders of review in respect of decisions of the Authority;

(ii) applications made to the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act; and

(iii) other court proceedings involving the Authority,

being applications and proceedings that were determined, or otherwise disposed of, during that year.''.

Explanatory note:

56. This enables the Authority to set out in its Annual Report particulars of instances where it has requested the Inter-Governmental Committee to approve the giving of a reference, including the outcome of such requests, subject to a proviso that where the Inter-Governmental Committee resolves that prejudice to a person's safety, reputation or fair trial or law enforcement operations may ensue, the Authority is prohibited from doing so.

Rec. (31)

(57) Page 29, clause 48, after sub-clause (4), insert the following sub-clause:

''(4A) Where the Inter-Governmental Committee resolves that the inclusion in a report by the Authority under this section of particulars of the outcome of a request made by the Authority under sub-section 9A (1) might prejudice the safety or reputation of a person, the operations of law enforcement agencies or the fair trial of a person who has been or may be charged with an offence, the Authority shall not include in such a report particulars of the outcome of the request.''.

Explanatory note:

57. This inserts the proviso referred to in amendment 56 above.

Rec. (21)

(58) Page 29, clause 4, lines 12 to 15, leave out sub-clause (5), insert the following sub-clause:

''(5) The Minister shall cause a copy of-

(a) a report of the Authority under this section that is received by him; and

(b) any comments made on the report by the Inter-Governmental Committee, being comments that accompanied the report,

to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him.''.

Explanatory note:

58. This provides for the tabling in Parliament of the Inter-Governmental Committee's comments on the Annual Report of the Authority referred to in amendment 54.

(59) Page 29, after clause 50, add the following Schedule:

''SCHEDULESection 17A PRESCRIBED PROVISIONS

Australian Capital Territory Taxation (Administration) Act 1969, section 7

Australian Security Intelligence Organization Act 1979, sections 18, 81 and 92

Bank Account Debits Tax Administration Act 1982, section 7

Census and Statistics Act 1905, section 19

Crimes (Taxation Offences) Act 1980, section 4

Gift Duty Assessment Act 1941, section 10

Income Tax Assessment Act 1936, section 16

Ombudsman Act 1976, section 35

Pay-roll Tax (Territories) Assessment Act 1971, section 8

Sales Tax Assessment Act (No. 1) 1930, section 10

Social Security Act 1947, section 17

Taxation Administration Act 1953, section 14F

Taxation (Interest on Overpayments) Act 1983, section 8

Telecommunications (Interception) Act 1979, section 7

Tobacco Charges Assessment Act 1955, section 10

Wool Tax (Administration) Act 1964, section 8''.

Explanatory note:

59. This adds a schedule to contain secrecy provisions in the Commonwealth legislation prescribed as exemptions under amendment 13 inserting new Clause 17A (power to require information).

Rec. (9, 10)

In addition I have two more amendments that have been circulated on separate sheets. One is an amendment to proposed new clause 17A. The further amendment, which has also been circulated around the chamber and which is equally technical and uncontroversial, I believe, is an amendment to clause 50, lines 25 to 27, leaving out sub-clause (2). Again, in respect of that, there is an explanatory memorandum which has been circulated and which will be incorporated. I move:

After the definition of 'agency' in sub-clause (5) of proposed new clause 17A, insert the following definitions:

' ''law of the Commonwealth'' includes a law of a Territory;'.

Explanatory note:

This is a further amendment to Government amendment 13. The further amendment to proposed new clause 17A is a minor amendment of a technical nature inserting a definition to remove any doubt that, for the purposes of new clause 17A, the expression 'law of the Commonwealth' includes laws of Territories. In view of the definition of 'Territory' in clause 4 of the Bill, this does not apply to Northern Territory laws.

Page 29, clause 50, lines 25 to 27, leave out sub-clause (2).

Explanatory note:

Clause 50 in the Bill reads as follows:

Cessation of operation of Act

50. (1) This Act, unless sooner repealed, shall cease to be in force at the expiration of 5 years after the date of commencement of this Act.

(2) For the purposes of section 8 of the Acts Interpretation Act 1901, when this Act ceases to be in force by virtue of sub-section (1), it shall thereupon be deemed to have been repealed by an Act other than this Act.

Explanatory note:

Clause 50 is the 'sunset clause'. The proposed deletion of sub-clause 50 (2) is a formal amendment consequent upon an amendment made earlier this year to the Acts Interpretation Act 1901. New section 8B of that Act, inserted by the Acts Interpretation Amendment Act 1984, renders sub-clause 50 (2) of the present Bill redundant. The five year 'sunset' provision would still remain.

Amendments agreed to.

Sitting suspended from 6.31 to 8 p.m.

(Quorum formed)