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Thursday, 12 August 2004
Page: 26398

Senator HILL (Minister for Defence) (8:05 PM) —The answer is that this relates to a certificate which is the certificate of another party. It is the certificate of the applicant. What the provision says is that you cannot therefore hold the secretary or the delegate—the secretary's representative—responsible for the content of the certificate. It is not an action of the secretary that is being judged. Senator Harris might say to me that he would find it difficult to see how an action might lie against the secretary for the content of a certificate which clearly under the act the secretary has not developed, and he might have a reasonable argument there. But I therefore assume that this is to remove any risk associated with that matter—any possibility, even if that possibility is slight.