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Thursday, 12 December 2002
Page: 7843


Senator GREIG (10:31 AM) —I move Democrat amendment (4) on sheet 2788:

(4) Amendment (30), omit paragraph 34G(12), insert:

(12) Subsections (10) and (11) do not apply to:

(a) contact between the person and the Inspector-General of Intelligence and Security or the Ombudsman under:

(i) sections 10 and 13 of the Inspector General of Intelligence and Security Act 1986; or

(ii) section 22 of the Complaints (Australian Federal Police) Act 1981;

as the case may be; or

(b) contact between the person or the person's legal adviser and a court or another legal adviser for the purposes of seeking a remedy in relation to the warrant, the treatment of the person in connection with the warrant, or the questioning or custody of the person in connection with the warrant.

I will not speak to this amendment. I spoke to that issue at some length when I addressed Democrat amendments (1) to (3). It goes to the heart of making it very clear that none of the provisions in section 34F, 34G or 34U in any way limit the right that I spoke of in terms of the doctrine of habeas corpus and ensuring that the legislation enshrines the right of a person to apply to a court to determine the legality of their detention and to seek remedy from a court in relation to their detention. Democrat amendment (4) to opposition amendment (30) is similar to those amendments which I have spoken to on sheet 2788, and I seek the committee's support.