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Thursday, 24 March 1994
Page: 2290


Senator BOLKUS (Minister for Immigration and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs) (8.51 p.m.) —My advice is that the government opposes amendment No. 28 because, once again, it imposes procedures that are excessive, and also in view of the fact that the bill contains an involved procedure to ensure fairness. In respect of amendment No. 28, my advice is that there is a safeguard already in place in relation to acting unfairly in the way that Senator Spindler is concerned about—subsection 3ZL(2)(c). The Democrats are correct in observing that this requirement is contained in section 115(2) of the evidence bill which the government expects will be in operation close to the time that this bill commences. We think that, because of these reasons, the amendment is unnecessary.

  Amendments negatived.

  Amendments (by Senator Bolkus)—by leave—agreed to:

(8)Clause 4, page 28, proposed paragraph 3ZL(2) (g), lines 18 and 19, omit the paragraph, substitute the following paragraph:

" (g) the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;".

(9)Clause 4, pages 29 and 30, proposed subsection 3ZN(2), line 36 (page 29) to line 6 (page 30), omit the subsection, substitute the following subsections:

  "`(2) Subject to subsection (3), a constable must, if requested to do so by a person who has been charged with an offence, provide the person with the name of every person who, to the knowledge of the constable, claims to have seen, at or about the time of the commission of the offence, a person who is suspected of being involved in its commission.

    `(2A) If:

  (a)a record of a description of a person is made under subsection (1); and

  (b)the person is charged with an offence to which the description relates;

a constable must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.".

(10)Clause 4, page 30, proposed subsection 3ZN (3), line 11, omit "may provide only the matter referred to in paragraph (2)(b)", substitute "is not required to provide the name of the person".

(11)Clause 4, page 30, proposed subsection 3ZP (1), line 18, omit "The executing officer or a constable assisting", substitute "A constable".

(12)Clause 4, page 30, proposed subsection 3ZP (2), line 23, omit "The executing officer or a constable assisting", substitute "A constable".

(13)Clause 4, page 30, proposed subsection 3ZP (2)(a), lines 26 and 27, omit "the executing officer and the constable assisting", substitute "a constable".

  Amendment (by Senator Bolkus)—agreed to:

(14)Clause 4, page 32, proposed subsection 3ZT(3), lines 15 and 16, omit the subsection, substitute the following subsection:

    "`(3)Before making the application, the constable must:

    (a)take reasonable steps to discover who has an interest in the retention of the thing; and

    (b)if it is practicable to do so, notify each person who the constable believes to have such an interest of the proposed application.".