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Thursday, 12 December 2002
Page: 7848


Senator ELLISON (Minister for Justice and Customs) (10:54 AM) —I move government amendment (26) on sheet DT377:

(26) Schedule 1, item 24, page 28 (after line 5), after section 34NB, insert:

34NC Complaints about contravention of procedural statement

(1) Contravention of the procedural statement mentioned in section 34C of this Act may be the subject of a complaint:

(a) to the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986; or

(b) to the Ombudsman under Part III of the Complaints (Australian Federal Police) Act 1981.

(2) This section does not limit the subjects of complaint under the Inspector-General of Intelligence and Security Act 1986 or Part III of the Complaints (Australian Federal Police) Act 1981.

This amendment will provide for the avoidance of doubt that contravention of the statement of procedures that the bill requires to be developed would be grounds for the making of a complaint to the Inspector-General of Intelligence and Security or the Ombudsman. The government is of the view that this has always been the case by virtue of the statutory powers of the Inspector-General of Intelligence and Security and the Ombudsman. However, in the interests of clarity, we are willing to include a provision to make this clear on the face of the legislation.