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Tuesday, 30 November 2004
Page: 65

Senator LUDWIG (4:38 PM) —Amendment (15) provides that a warrant may not be in force for more than 180 days and, at the end of such a period, a new warrant may not be issued for a period of 30 days. In relation to the former issue, we note that clause 17(1)(ix) provides, I think, that a warrant may not be granted for a period exceeding 90 days, and clause 19(1) provides for the application for an extension not exceeding 90 days. There is no limit to the number of applications which may be made in these instances. This is consistent with the model legislation. I think it is important to note that the joint working group did not receive any submissions opposing this particular provision. The amendment would make this bill inconsistent with the model legislation in a way that the opposition would find it could not support.

In relation to the second matter, we are concerned that a 30-day bar on fresh warrants becomes, as I think I indicated earlier, very arbitrary and could prejudice investigations. This bill provides that an eligible authority considering a warrant application must take into account any previous warrants in relation to the same investigation. This is an existing provision, and we think that is appropriate.