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Thursday, 15 August 1974
Page: 972


Senator Murphy


Senator Greenwood - Mr Chairman,the Opposition proposed to move an amendment providing for a proposed new clause 156a. The Government responded by circulating an amendment providing for a proposed new clause 1 56a. It has now circulated another amendment providing for a different proposed new clause 156a. I think I have the sequence right. I am wondering whether we could be told which is the current one. The attitude of the Opposition will be to accept the final amendment providing for a proposed new clause 156a which has been circulated.

Motion (by Senator Murphy) agreed to:

After clause 1 36 insert the following new clause: 156a. (1) Where proceedings are instituted under this Act in the Court by the Attorney-General or the Commission, Australia or the Commission is liable to make discovery of documents in like manner as any other party to proceedings in the Court.

(2)   Where a corporation makes an application to the Commission for an authorisation, or the Commission gives a notice under section 91 (4) to a corporation to which an authorisation has been given, the Commission shall, at the request of the corporation, furnish or disclose to the corporation

(a)   a copy of every document, and particulars of all information, that has been furnished to, or obtained by, the Commission in connexion with the matter to which the application or notice relates; and

(b)   a copy of any other document, and particulars of any other information, in the records of the Commission and relevant to the exercise of the powers of the Commission in the matter to which the application or notice relates that comes to the attention of the Commission in connexion with that matter, other than documents or information obtained from the corporation.

(3)   If the Commission does not comply with a request under sub-section (2), the Court shall, subject to sub-section (4), upon application by the corporation who made the request, make an order directing the Commission to comply with the request.

(4)   The Court may refuse to make an order under subsection (3 ) in respect of a document or part of a document, or in respect of any information, if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document, or the disclosure of the information, would prejudice any person, or for any other reason.

(5)   Before the Court gives a decision on an application under sub-section (3), the Court may require any documents to be produced to it for inspection or any information to be furnished to it.

(6)   An order under this section may be expressed to be subject to conditions specified in the order.'.

Clauses 157 to 161- by leave- taken together, and agreed to.

Clause 162.

(4)   Proceedings before the Court in accordance with this section-

(a)   may be instituted by summons upon information; and

(   b ) shall not be instituted except with the consent in writing of the Attorney-General or of a person authorised by the Attorney-General, by writing under his hand, to give such consents.

(5)   A prosecution for an offence against section 118 may be commenced at any time after the commission of the offence.







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