Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 11 December 2002
Page: 7698


Senator FAULKNER (Leader of the Opposition in the Senate) (12:00 PM) —by leave—I move opposition amendments (10), (12) and (13) on sheet 2764:

(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 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) procedures for recording interviews (including the custody and future use of records and transcripts);

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

(j) conducting searches under section 34L;

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

(l) 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; and

(iii) toilet facilities; and

(iv) privacy;

(m) reimbursement by the Commonwealth of reasonable costs (including legal costs) to a person who is the subject of a questioning warrant.

(3AB) The procedural statement required by this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(3AC) Failure to comply with a procedural statement is grounds for complaint to the Inspector-General of Intelligence and Security or the Ombudsman under the Inspector-General of Intelligence and Security Act 1986 or the Complaints (Australian Federal Police) Act 1981, as the case may be.

(12) Schedule 1, item 24, page 10 (line 3), omit subparagraph (iii).

(13) Schedule 1, item 24, page 10 (line 8), after “Parliament”, insert “as a disallowable instrument”.


Senator FAULKNER —This is an alternative to the government's proposal. We have picked up a great deal of that proposal in amendment (10) but added those important matters that I indicated previously to the committee. Effectively, amendments (12) and (13) are consequential.