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Thursday, 24 March 1994
Page: 2286

Senator SPINDLER (8.42 p.m.) —by leave—I move:

16.Clause 4, page 22, line 20, omit "3ZI and 3ZJ", substitute "3ZHA, 3ZHB, 3ZI and 3ZJ".

17.Clause 4, page 22, proposed 3ZH(1) after th definition of "identification material", insert the following definition: "informed consent" has the meaning given in section 3ZHA.".

18.Clause 4, page 22, line 36, proposed paragraph 3ZH(3)(a), omit "consents", substitute "gives his or her informed consent".

21.Clause 4, page 23, line 35, proposed paragraph 3ZH(9)(a), omit "consents", substitute "gives his or her informed consent".

22.Clause 4, page 23, line 4, proposed paragraph 3ZH(9)(b), omit "consents", substitute "gives his or her informed consent".

The bill currently provides that, if a person refuses to consent in writing to provide identification material, a constable may take such identification material by such force as is necessary if he or she believes, on reasonable grounds, that it is necessary to establish who the person is or to otherwise provide evidence relating to the offence or another offence.

  The Australian Democrats believe that identification material should not be taken without a person's informed consent—I emphasise informed—unless a court so orders. The collection of such identification material is a serious breach of the privacy and liberty of an individual which should not be invaded until independent judicial scrutiny has determined that it is necessary. The Australian Democrats believe that the provisions contained in our amendments will provide the necessary safeguards in this area.