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PARLIAMENTARY COMMISSION OF INQUIRY (REPEAL) BILL 1986

The Senate, according to Order, resolved itself into Committee for the consideration of Message No. 388 of the House of Representatives.

In the Committee

Message read.

SCHEDULE OF THE AMENDMENT MADE BY THE HOUSE OF REPRESENTATIVES IN PLACE OF THE AMENDMENT MADE BY

THE SENATE TO WHICH THE HOUSE HAS DISAGREED

Clause 8, page 3, omit the clause, substitute the following clause:

""8. (1) A person shall not publish, or otherwise disclose to any other person, the whole or any part of a class A document that has been prepared by the Commission, the staff of the Commission, or counsel assisting the Commission.

Penalty:

(a) where the defendant is a natural person-$5,000 or imprisonment for 6 months, or both; or

(b) where the defendant is a corporation-$100,000.

""(2) Sub-section (1) does not apply in relation to anything done-

(a) in accordance with an authority given under sub-section 7 (4); or

(b) for the purposes of any proceedings for an offence against sub-section (1).

""(3) In this section, "class A document' has the same meaning as in section 7.''.

The Minister for Resources and Energy (Senator Evans) moved-That the Committee does not insist upon the amendment disagreed to by the House of Representatives, and agrees to the amendment made by the House of Representatives in place thereof.

Debate ensued.

Senator Durack moved an amendment, viz: Leave out all words after ""House of Representatives'' (first occurring), insert "", does not agree to the amendment made by the House of Representatives in place thereof, and makes a further amendment to the Bill, as follows:

Page 3, clause 8, lines 15 to 27, leave out the clause, insert the following clause:

""8. (1) A person who is, or has at any time been, a member of the Commission, a member of the staff of the Commission or counsel assisting the Commission shall not, directly or indirectly, disclose to any other person or make use of any document or information to which the first-mentioned person has had access by reason of being or having been such a member or counsel.

Penalty: $5,000 or imprisonment for 6 months, or both.

""(2) Sub-section (1) does not apply in relation to-

(a) the performance of any act otherwise authorised by this Act; or

(b) anything done in accordance with an authority given under sub-section 7 (4).''.

Debate continued.

And it being 2 p.m., the Senate having resumed-