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Thursday, 12 December 2002
Page: 7854

Senator NETTLE (11:23 AM) —I want to ask Senator Faulkner a question about the amendments. The Australian Greens will be supporting the amendments and supporting the right of people questioned and detained under this regime to have access to a lawyer. Senator Faulkner has already raised the issue that this form of amendment allows capacity for questioning to begin without a lawyer if there is a threat of an imminent terrorist act. It also allows a legal adviser whom the prescribing authority believes to be disrupting questioning to be removed.

We have had amendments before that talked about giving the person being questioned under this regime information as to their rights to access an interpreter, to access a lawyer and to have explained to them who is present. I ask Senator Faulkner: in the regime that is being proposed by the opposition, if questioning began because of an imminent terrorist threat and took place for four hours without the presence of a legal adviser, when would the individual detained be given and be read their rights? Would that occur without the legal adviser present or is there provision for that to occur after the four hours when a legal adviser is present?