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Thursday, 12 December 2002
Page: 7847


Senator FAULKNER (Leader of the Opposition in the Senate) (10:45 AM) —by leave—It might be appropriate for me to move the opposition amendments to the government amendments at this stage. I move opposition amendments (4) to (7) on sheet 2787:

(4) Amendment (21), paragraph 34JA(1)(a), omit “or subsection 34F(6)”.

(5) Amendment (21), omit subsection 34JA(2), substitute:

(2) A police officer must not enter a dwelling house under subsection (1) of this section at any time during the period:

(a) commencing at 9 pm on a day; and

(b) ending at 6 am on the following day;

unless the officer believes on reasonable grounds that it would not be practicable to take the person into custody, either at the dwelling house or elsewhere, at another time.

(6) Amendment (21), heading to section 34JB omit “and detaining person”.

(7) Amendment (21), section 34JB, omit paragraphs (1)(a), (b), (c), and (d), substitute:

(a) taking a person into custody under a warrant issued under section 34D; or

(b) preventing the escape of a person from such custody; or

(c) bringing a person before a prescribed authority for questioning under such a warrant.

I am pleased to have heard the assurance that the minister has given in relation to not extending the current provisions that apply in the Crimes Act. The amendments that I am moving are similar to those moved to the previous government amendment that we were dealing with. Effectively, this change just removes cross-references to deleted provisions and ensures that we maintain the integrity of this regime as a questioning regime, not a detention regime.