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Thursday, 14 June 1984
Page: 2989

Senator PETER RAE(10.29) —As I indicated earlier in the second reading debate, I have certain amendments, which I have circulated, to clause 15 on page 8 of the Bounty (Two-Stroke Engines) Bill. Mr Acting Deputy President, I seek leave to move the two amendments together.

Leave granted.

Senator PETER RAE —I move:

(1) Page 8, clause 15, sub-clause (1), line 11, after 'reasonable times', insert 'with the consent of the occupier or in pursuance of a warrant issued under sub-section (1B)'.

(2) Page 8, clause 15, after sub-clause (1), insert the following new sub- clauses:

'(1A) An authorized officer may make application to a Justice for a warrant authorizing the authorized officer to enter the premises to which the application relates.

'(1B) If, on an application under sub-section (1A), the Justice is satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorized officer should have access to the premises to which the application relates, the Justice may grant a warrant authorizing the authorized officer to enter the premises for the purpose of exercising the functions of an authorized officer under this section.

'(1C) A warrant granted under sub-section (1B) shall include-

(a) a statement of the purpose for which the warrant is issued;

(b) a description of the kind of things authorized to be inspected or copied or from which extracts may be taken; and

(c) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.'.

The two amendments are tied together, and it is for the convenience of the Committee that they be dealt with together. They are in a standard form. It is a matter of people supporting the idea of preserving the right of the individual in the community to be protected from unwarranted-I use that word in both the literal and metaphorical sense-interference in an individual's private affairs. I do not need to say any more than I have already said in the second reading debate. The history is that the Senate has been zealous in relation to this matter. I believe we are being consistent by adding these amendments to the legislation. I know there have been other pieces of legislation which have gone through without this sort of amendment being made. All I can say is that I regret that one or two of those escaped my notice during the years. On most occasions when there has been an attempt to put through legislation such as this , giving the right of entry and search without a warrant, I for one have taken objection and so have many others.