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Wednesday, 11 December 2002
Page: 7696


Senator ELLISON (Minister for Justice and Customs) (11:50 AM) —by leave—I move government amendments (9), (10), (11) and (12) on sheet DT337:

(9) Schedule 1, item 24, page 9 (lines 9 to 12), omit paragraph (ba), substitute:

(ba) that all the following conditions are met:

(i) there is a written statement (the procedural statement) dealing with procedures to be followed in the exercise of authority under warrants issued under section 34D and with the exercise of powers under this Division;

(ii) the procedural statement deals with at least the matters described in subsection (3AA);

(iii) the acts (the adopting acts) described in subsection (3A) have been done in relation to the procedural statement; and

(10) Schedule 1, item 24, page 9 (after line 31), after subsection (3), insert:

(3AA) The procedural statement is to deal with at least the following matters:

(a) informing the following persons about the issue of a warrant under section 34D:

(i) the prescribed authority before whom a person is to appear for questioning under the warrant;

(ii) the Inspector-General of Intelligence and Security;

(iii) police officers;

(b) transporting a person taken into custody, or detained, under this Division in connection with such a warrant;

(c) facilities to be used for questioning of a person under such a warrant;

(d) a prescribed authority's obligation under section 34E to inform a person appearing before the prescribed authority for questioning under such a warrant of the matters mentioned in that section;

(e) arrangements under sections 34H and 34HAA for the presence of an interpreter during questioning of a person under such a warrant;

(f) making recordings under section 34K;

(g) the periods for which a person may be questioned continuously under such a warrant;

(h) the periods for breaks between periods of questioning of a person under such a warrant;

(i) facilities to be used for detaining a person in connection with such a warrant;

(j) arrangements for the person to whom such a warrant relates to contact other persons in accordance with the warrant (including provision of facilities under paragraph 34F(9)(c) for the person to make a complaint orally to the Inspector-General of Intelligence and Security or the Ombudsman);

(k) conducting searches under section 34L;

(l) the periods for allowing a person to whom such a warrant relates an opportunity to sleep;

(m) providing a person to whom such a warrant relates with:

(i) adequate food and drink (taking account of any specific dietary requirements the person may have); and

(ii) adequate medical care.

(11) Schedule 1, item 24, page 9 (lines 32 to 34), omit “a written statement of procedures to be followed in the exercise of authority under warrants issued under section 34D”, substitute “the procedural statement”.

(12) Schedule 1, item 24, page 9 (line 36), omit “such a”, substitute “the”.


Senator Faulkner —While I have no problem in granting leave so that those amendments can be moved together, I seek assistance in having the question on amendment (10) put separately.


The TEMPORARY CHAIRMAN (Senator Knowles)—That is fine.


Senator ELLISON —The bill already provides for a written statement setting out the procedures to be followed in relation to taking a person into custody, detaining them and questioning them. The government does not accept the committee's recommendation that the statement should be made in the form of regulations, nor the opposition's proposal that they be disallowable instruments. While it is proposed that the statement be tabled in the parliament, the statement is designed to be a detailed operational statement that is not appropriate for a disallowable instrument. In particular, it would not allow sufficient flexibility for the persons exercising authority under the warrants to perform their respective roles within the requirements set out in the bill and the protocols.

Other operational procedures used by law enforcement agencies are not made in the form of disallowable instruments. The government, however, is willing to amend the bill to set out in greater detail the matters that are to be included in the written statements in accordance with the Senate committee's recommendations. We believe that this is a reasonable compromise on the part of the government. These are not normally disallowable instruments and we believe that our proposal is one which should find favour with the Senate.