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Wednesday, 4 May 1994
Page: 164


Senator VANSTONE (11.18 a.m.) —The same remarks can be made for the coalition.

  Amendment negatived.

  Clauses 25 to 37—by leave—taken together, and agreed to.

  Remainder of bill—by leave—taken as a whole.

  Amendments (by Senator Bolkus)—by leave—agreed to:

(3)Clause 38, page 18, subclause (1), after paragraph (b) insert the following word and paragraph:

"or (c) being surrendered to the Tribunal;".

(4)Clause 39, page 18, lines 34 to 40, and page 19, lines 1 to 4, omit the clause.

(5)Clause 40, page 19, lines 5 to 11, omit the clause.

(6)Clause 48, page 22, after subclause (4) insert the following subclause:

  "(4A) If the person applying for the warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information.".

(7)Clause 58, page 28, subclause (3), line 13, omit "containing electronically stored information".

(8)After clause 61, page 30, insert the following new clauses in Division 2:

  Occupier entitled to be present during search

  "61A.(1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.

  "(2) The right to observe the search being conducted ceases if the person impedes the search.

  "(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

Receipts for things seized under warrant

  "61B.(1) If a thing is seized under a warrant or moved under subsection 58(2), the executing officer or an officer assisting must provide a receipt for the thing.

  "(2) If 2 or more things a:e seized or removed, they may be covered in the one receipt.".

(9)Clause 66, page 33, line 5, omit "section 40", substitute "section 76A or 76B".

(10)Clause 71, page 35, subparagraph (1)(f)(ii), lines 13 to 17, omit the subparagraph, substitute the following subparagraph:

    "(ii)must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a police officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and".

(11)Clause 73, page 36, subclause (1), line 9, omit "responsible officer", substitute "police officer".

(12)Clause 73, page 36, subclause (2), line 14, omit "responsible officer", substitute "police officer".

(13)Clause 73, page 36, paragraph (2)(a) line 17, omit "responsible officer", substitute "police officer".

(14)Clause 73, page 36, subclause (3), lines 20 to 26, omit the subclause.

(15)After clause 76 insert the following new clauses in Part 8:

Arrest of persons escaping from custody

  "76A.(1) A police officer may, without warrant, arrest a person, if the police officer has reasonable grounds to believe that the person has escaped from custody authorised by this Act.

  "(2) A person who has been arrested under subsection (1) must be returned to the custody referred to in that subsection.

Arrest of person released on bail

  "76B.(1) A police officer may, without warrant, arrest a person who has been released on bail under this Act if the police officer has reasonable grounds for believing that the person has contravened, or is about to contravene, a term or condition of a recognisance on which bail was granted to the person.

   "(2) A person arrested under subsection (1) must, as soon as practicable, be brought before the court by which the person was admitted to bail.

Aiding persons to escape, etc.

  "76C. Sections 46, 47A and 48 of the Crimes Act 1914 (other than paragraphs 46(ab) and 47A(d) of that Act) apply as if:

  (a)references in those sections to custody in respect of any offence against a law of the Commonwealth were references to custody while in Australia pursuant to this Act; and

  (b)references in those sections to arrest in respect of any offence against a law of the Commonwealth were references to arrest pursuant to this Act.".

  Bill, as amended, agreed to.

INTERNATIONAL WAR CRIMES TRIBUNAL (CONSEQUENTIAL AMENDMENTS) BILL 1994

  Bill agreed to.

  International War Crimes Tribunal Bill 1994 reported with amendments: International War Crimes Tribunal (Consequential Amendments) Bill 1994 reported without amendment; report adopted.