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Wednesday, 6 June 1984
Page: 2677


Senator GARETH EVANS (Attorney-General)(8.54) —by leave-A number of consequential amendments flow from the previous amendment. Accordingly, I move:

(32) Page 18, clause 25, line 11, leave out 'and (7)', insert ', (7) and (8A)'.

(33) Page 18, clause 25, line 27, leave out 'Attorney-General', insert ' Director of Public Prosecutions'.

(35) Page 18, clause 25, line 32, leave out 'Attorney-General', insert ' Director of Public Prosecutions'.

(36) Page 18, clause 25, line 37, leave out 'Attorney-General', insert ' Director of Public Prosecutions'.

(37) Page 18, clause 25, line 40, leave out 'by the Attorney-General'.

(38) Page 19, clause 25, line 9, after 'State', insert ', or a person authorized by him, being the person holding the office of Director of Public Prosecutions, or a similar office, of that State,'.

(39) Page 19, clause 25, line 11, after 'be,' (first occurring), insert 'or any information, document or thing obtained as a direct or indirect consequence of the answer or the production of the first-mentioned document or thing,'.

(40) Page 19, clause 25, line 13, after 'State', insert ', or the person so authorized.'.

(41) Page 19, clause 25, lines 23 and 24, leave out 'by the Attorney-General of that State'.

(42) Page 19, clause 25, after sub-clause (8), insert the following sub-clauses :

'(8A) For the purposes of sub-section (2)-

(a) it is not a reasonable excuse for a corporation to refuse or fail to produce a document or thing that the production of the document or thing might tend to incriminate the corporation; and

(b) it is not a reasonable excuse for a natural person to refuse or fail to produce a document that is, or forms part of, a record of an existing or past business (not being, in the case of a person who is or has been an employee, a document that sets out details of earnings received by the person in respect of his employment and does not set out any other information) that the production of the document might tend to incriminate the person.

'(8B) Sub-sections (5), (7) and (8A) do not apply where the offence in respect of which the answer to a question or the production of a document or thing, as the case requires, might tend to incriminate a person is an offence with which the person has been charged and the charge has not been finally dealt with by a court or otherwise disposed of.'.

Amendments agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.