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NATIONAL CRIMES COMMISSION BILL 1982

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Consideration resumed of clause 7 and of the amendment moved thereto by Senator Evans, viz: Page 4, sub-clause (2), lines 17 to 28, leave out the sub-clause, insert the following sub-clause: ''(2) In this section, 'offence' means an offence- (a) relating to organized criminal activities, that is to say, activities that appear to involve a number of offences connected with one another, several offenders and substantial planning and organization;

(b) involving the use of sophisticated methods, planning or techniques; or

(c) relating to bribery or corruption involving officers of the Commonwealth or officers of a Territory.''.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 23

Senators- Bolkus Childs Coates Coleman Colston Elstob Evans Foreman Georges Gietzelt Giles Grimes Harradine Hearn Jones McIntosh McLaren Mulvihill Primmer Ray, Robert Ryan Tate Teller: Senator Robertson

NOES, 31

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Chipp Crichton-Browne Guilfoyle, Dame Margaret Hill Jessop Lajovic Lewis MacGibbon Macklin Martyr Mason Messner Missen Rae, Peter Reid Scott Siddons Teague Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

Amendment negatived accordingly.

Senator Macklin, by leave, moved an amendment, viz: Page 4, sub-clause (2), paragraph (d), lines 27 and 28, leave out the paragraph.

Debate ensued.

Question-That the words proposed to be left out be left out-put and passed.

Clause 7, as amended, agreed to.

Clauses 8 to 13, by leave, taken together and agreed to.

Clause 14 read- Senator Evans moved an amendment, viz: Page 7, sub-clause (5), lines 28 to 39, leave out the sub-clause.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 23

Senators- Bolkus Childs Coates Coleman Colston Elstob Evans Foreman Georges Gietzelt Giles Grimes Harradine Hearn Jones McIntosh McLaren Mulvihill Primmer Ray, Robert Ryan Tate Teller: Senator Sibraa

NOES, 31

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Chipp Crichton-Browne Guilfoyle, Dame Margaret Hill Jessop Lajovic Lewis MacGibbon Macklin Martyr Mason Messner Missen Rae, Peter Reid Scott Siddons Teague Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was negatived.

Clause 14 agreed to.

Clauses 15 and 16, by leave, taken together and agreed to.

Clause 17 agreed to.

Senator Evans moved an amendment, viz: Page 11, after clause 17, insert the following new clause:17A. For the purposes of any action under the law of defamation which may be taken in respect of the publication of evidence given before the Commission it shall not be a defence to that action that the publication was privileged in so far as it constituted a fair and accurate report of that evidence.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and negatived.

Clause 18 agreed to.

The Minister for Social Security (Senator Chaney) moved an amendment, viz: Page 11, after clause 18, insert the following new clause:

Legal and financial assistance18A. (1) A witness who is appearing or who is about to appear before the Commission may make an application to the Attorney- General for the provision of assistance under this section in respect of his appearance.

''(2) Where an application is made by a person under sub-section (1), the Attorney-General may, if he is satisfied that- (a) it would involve hardship to the person to refuse the application; and

(b) the circumstances of the case are of such a special nature that the application should be granted,

authorize the provision by the Commonwealth to that person, either unconditionally or subject to such conditions as the Attorney-General determines , of such legal or financial assistance in respect of the appearance of that person before the Commission as the Attorney-General determines.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and passed.

New clause 18A agreed to accordingly.

Clause 19 read- Senator Missen moved an amendment, viz: Page 11, clause 19, after sub-clause (1), insert the following new sub-clause: ''(1A) A summons under sub-section (1) requiring a person to appear before the Commission to give evidence shall set out, as far as is reasonably practicable, the general nature of the matters in relation to which the Commission intends to question the person, but nothing in this sub-section prevents the Commission from questioning the person in relation to any other matter that the Commission may, in the proper performance of its functions, investigate.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and passed.

Clause 19, as amended, agreed to.

Clause 20 read- Senator Chaney moved an amendment, viz: Page 12, sub-clause (4), line 39, before ''person'', insert ''natural''.

Debate ensued.

Question-That the word proposed to be inserted be inserted-put and passed.

Senator Evans moved an amendment, viz: Page 14, sub-clauses (10), (11) and (12), lines 6 to 32, leave out the sub-clauses.

And it being six p.m.: The Temporary Chairman of Committees (Senator Coleman), pursuant to Order, left the Chair.

The President resumed the Chair and Senator Coleman reported accordingly.

And General Business, Order of the Day No. 196, taking precedence at 6 p.m., pursuant to Order of the Senate this day-