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Thursday, 24 March 1994
Page: 2287


Senator BOLKUS (Minister for Immigration and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs) (8.43 p.m.) —In respect of Democrats' amendments Nos 16, 17, 18, 21 and 22—the minister has already put this view to the standing committee—the government feels that they impose layers of administrative requirements which are excessive. The minister indicated to the Senate standing committee that informed consent can be assured through the design of the consent form. He has undertaken to do this in consultation with the Law Council of Australia. The government's position is that this can be done without providing for it through the legislation. We oppose all those amendments.

  Amendments negatived.

  Amendment (by Senator Bolkus) agreed to:

(4)Clause 4, page 23, lines 26 to 38, and page 24, lines 1 to 4, omit proposed subsections 3ZH(8) and (9), substitute the following subsections:

  "`(8) The taking of identification material from a person who:

    (a) is under 18; or

  (b) is incapable of managing his or her affairs;

  must be done in the presence of:

    (c)a parent or guardian of the person; or

    (d)if the parent or guardian of the person is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

  "`(9) Despite this section, identification material may be taken from a person who:

    (a)is not a suspect; and

    (b)is under 10 or is incapable of managing his or her affairs;

  if a court orders that the material be taken.

  "`(10) Despite this section, identification material may be taken from a person who:

    (a)is not a suspect; and

    (b)is at least 10 but under 18; and

    (c)is capable of managing his or her affairs;

  if one of the following paragraphs applies:

    (d)the person agrees in writing to the taking of the material and a parent or guardian of the person also agrees in writing or, if a parent or guardian is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person also agrees in writing;

    (e)if:

      (i)one of those persons agrees in writing to the taking of the material but the other does not; and

      (ii)a court orders that the material be taken.

  "`(11) In deciding whether to make such an order, the court must have regard to the matters set out in subsection (7).

  "`(12) Despite this section, identification material may be taken from a person who:

    (a)is at least 18; and

    (b)is capable of managing his or her affairs; and

    (c)is not a suspect; if the person consents in writing.".