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Tuesday, 5 June 1984
Page: 2554

Senator DURACK(9.52) —I do not understand it to have that effect. References are given in two different ways. References are made by the Commonwealth under clause 11 and by the States under clause 12. Those are two separate functions. The obvious purpose of clause 11 is to enable a Federal Minister to seek the investigation of offences against laws of the Commonwealth or a Territory. That is the purpose of it. If the facts that are investigated also reveal the possibility of offences against State laws, nothing can be done about the offences. The matter cannot be prosecuted unless the State Attorney- General seeks to take advantage of that. The purpose of this legislation is to have prosecutable offences and the investigation of facts which would lead to prosecutions. This amendment seeks to enable the Federal Attorney-General to have the power to investigate facts which may lead to the prosecution of Federal offences; that is what it is all about.