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Wednesday, 1 December 2004
Page: 27

Senator LUDWIG (11:30 AM) —In all fairness, it leaves it with the court because in that closed hearing the court can determine whether or not it accepts. It seems to be that the court has the discretion whether to accept the security cleared lawyer or the lawyer, as the case may be. It is not the politicians in this instance. The court has that discretion. The court can say yea or nay in this instance, and whatever happens from thereon happens. That seems pretty clear to me: it is not the politicians determining in this instance; it is the court. I think that was also reflected in the position that was adopted by the Senate Legal and Constitutional Legislation Committee when it looked into this legislation. I think it is clear that in this instance your provision does not add anything, because the discretion already exists.