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Tuesday, 10 December 2002
Page: 7631

Senator GREIG (10:07 PM) —The first group of amendments moved by the opposition would remove reference to detention. If the committee are to support that, then we should acknowledge that the removal of references to detention may influence the interpretation of the act by a judge, should it be challenged— that is, individual sections should be interpreted consistently with the spirit of the act as a whole. Opposition amendment (14) would remove the provision which enables a person to be deprived of the right to legal advice during the first 48 hours. It is very important to emphasise here that access to legal advice and, indeed, access to legal aid where warranted in those circumstances is critical. We need to emphasise that, particularly in the situation where a person would have—as is proposed—no right to silence.