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Tuesday, 30 November 2004
Page: 25

Senator LUDWIG (1:57 PM) —I think what Senator Greig is trying to achieve is an objective test to be placed on the law enforcement officer in this circumstance. This relates to a couple of the other matters that I have mentioned in that it goes to the operational basis of how the law enforcement officers conduct their affairs. The police or the law enforcement officer in this instance will form a view—a belief—on the basis of what is confronting them at the time. What the law enforcement officer does is by its very nature subjective. I think it is appropriate, given the operational requirements of the type of operation that may be going on, for the law enforcement officer to be able to form that subjective belief at the time rather than try to apply an objective test to the officer later. In this instance, Labor do not support the amendment. We do not think `on reasonable grounds' is appropriate and we think it should be left, for the operational reasons that I have mentioned, for the law enforcement officer to use his subjective belief in this circumstance.