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Tuesday, 30 November 2004
Page: 87

Senator ELLISON (Minister for Justice and Customs) (6:23 PM) —I think I should make it clear that the Attorney's certificate is subject to judicial oversight. If the Attorney threw these certificates into the court willy-nilly just to chance his arm there would still be judicial oversight, and any court would take a very dim view of that. If the Attorney issues a certificate and then withdraws it, the withdrawal would obviously have to be brought to the notice of the parties concerned, including the defence counsel and the defendant. If the Attorney were doing this without merit on a continual basis, that alone would be an abuse of process and the court could take consequential action. That would not be benign to the Attorney's interests.

Question agreed to.