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Wednesday, 1 December 2004
Page: 20

Senator ELLISON (Minister for Justice and Customs) (11:00 AM) —I draw the committee's attention to clause 31(7), which says:

(7) The Court must, in deciding what order to make under this section, consider the following matters:

... ... ...

(b) whether any such order would have a substantial adverse effect on the defendant's right to receive a fair hearing, including in particular on the conduct of his or her defence;

It does not take away any consideration. Senator Brown has put it in rather black and white terms, that it is either in or out. It is certainly there as a factor. We do not agree with the Greens' amendment. We believe that the way it is framed in clause 31(7) is appropriate, with 31(8) attaching where greatest weight should be placed. The discretion in relation to the determination of a fair trial is still very much there.