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Thursday, 12 December 2002
Page: 7859

Senator ELLISON (Minister for Justice and Customs) (11:57 AM) —I will clarify my remarks, because my previous remarks do need a slight correction. I said that, at the extension of each warrant, a person will get advice as to the remedy to the Federal Court. In fact it is better than that, because they will get that reminder every 24 hours. That may or may not coincide with an extension of the warrant, but it matters not. The fact is that the minimum requirement is that a person gets that reminder once every 24 hours. In response to Senator Harris's question, proposed section 34E(1), regarding that initial advice given when a person is brought before the prescribed authority, states:

When the person first appears before a prescribed authority for questioning under the warrant, the prescribed authority must inform the person of the following ...

... ... ...

(f) the fact that the person may seek from a federal court a remedy relating to the warrant or the treatment of the person in connection with the warrant ...

If you look at proposed subsection (3) you will see those words repeated, and that is where you get the tie-up.