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Monday, 9 May 1994
Page: 453


Senator LEES (Deputy Leader of the Australian Democrats) (5.59 p.m.) —I move:

5.Government Amendment No. 28, omit proposed subsection (1A), substitute the following subsection:

"(1A) The magistrate must not issue the warrant unless he or she has been:

(a)advised what other warrants (if any) have been sought under this Part in respect of those premises in the preceding 5 years; and

      (b)given a copy of the Managing Director's instrument in writing referred to in subsection 8KA(1).".

This amendment simply adds to government amendment No. 28 by requiring the magistrate issuing a search warrant to see a copy of the authorised officer's delegation. This is also in line with suggestions that were made by the Privacy Commissioner.

  Amendment agreed to.

  Amendment, as amended, agreed to.

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

(29)Clause 11, page 10, after proposed paragraph 8W(3)(b) add the following word and paragraph:

    "; and (c)the magistrate is satisfied that execution of the warrant will not cause an unreasonable invasion of any patient's privacy.".

(30)Clause 11, page 10, after proposed paragraph 8W(4)(d) add the following word and paragraph:

    "; and (e)whether or not the warrant authorises the exercise of powers in relation to records containing clinical details relating to patients.".

(31)Clause 11, page 14, proposed subsection 8ZD(3), line 4, omit "containing electronically stored information".

(32)Clause 11, page 16, after proposed section 8ZG, insert the following new sections:

Occupier entitled to observe search

  "'8ZGA.(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.

  '(2) The right to observe the search being conducted ceases if the person impedes the search.

  '(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

Receipts for things seized under warrant

  8ZGB.(1) If a thing is seized under a warrant or moved under subsection 8ZD(2), the authorised officer or an officer assisting must provide a receipt for the thing.

  '(2) If 2 or more things are seized or moved, they may be covered in the one receipt. " .

(33)Clause 11, page 17, before proposed section 8ZJ, insert the following new section in Division 6:

Patients to be advised of search, seizure etc. of clinical records

  "'8ZIA.(1) If powers under this Part are exercised in relation to a record containing clinical details relating to an individual patient, the Commission must advise the patient in writing what was done under this Part in relation to the record.

  '(2) Subsection (1) does not apply if:

    (a)so advising the patient would prejudice the investigation in connection with which the powers were exercised; or

    (b)the Commission is unable, after making reasonable inquiries, to locate the patient.".

(34)Clause 11, page 18, proposed section 8ZL, lines 1 to 4, omit the proposed section.

  Clause, as amended, agreed to.

  New clause 11A.