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PARLIAMENTARY COMMISSION OF INQUIRY (REPEAL) BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Resources and Energy (Senator Evans)-That this Bill be now read a second time.

Debate resumed.

Question-put.

The Senate divided

AYES, 33

Senators- Aulich Black Bolkus Childs Coates Colston Cooney Crowley Devlin Elstob Evans Foreman Georges Gietzelt Giles Haines Jones McClelland McKiernan Macklin Maguire Mason Morris Ray Reynolds Richardson Robertson (Teller) Sanders Sibraa Siddons Tate Vigor Zakharov

NOES, 26

Senators- Alston Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Durack Guilfoyle, Dame Margaret Hamer Hill Kilgariff (Teller) Lewis MacGibbon Messner Newman Parer Puplick Reid Short Vanstone Walters Watson Withers

And so it was resolved in the affirmative.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 4, by leave, taken together, debated and agreed to.

Clause 5 read-

Senator Durack moved an amendment, viz: Page 2, sub-clause (1), lines 4 to 9, leave out the sub-clause, insert the following sub-clause:

""(1) A statement or disclosure made, or a document produced, by a witness in the course of giving evidence before the Commission is not admissible in evidence against the witness in any civil or criminal proceedings in any court of the Commonwealth or of a State or Territory.''.

Debate ensued.

Amendment, by leave, withdrawn.

Question-That the clause stand as printed-put and negatived.

Clause 6 agreed to.

Clause 7 read-

Senator Durack moved an amendment, viz: Pages 2 and 3, line 17 (page 2) to line 13 (page 3), leave out the clause, insert the following clause:

""7. (1) Where, at the commencement, information or documents are in the possession of the Commission and that information or those documents relate, or may relate, to the commission of an offence, or evidence of the commission of an offence, against a law of the Commonwealth, of a State or of a Territory, the Commission may, if in the opinion of the Commission it is appropriate to do so, communicate the information or documents to any one or more of the following-

(a) the Attorney-General of the Commonwealth or of a State or of the Northern Territory;

(b) the National Crime Authority;

(c) the Commissioner of the Australian Federal Police or of the Police Force of a State or Territory;

(d) the authority or person responsible for the administration or enforcement of a law referred to in this section.

""(2) Any document that is in the possession of the Commission at the commencement which is not disposed of in accordance with sub-section (1), and which was obtained by the Commission pursuant to section 13 of the repealed Act, shall, as soon as practicable after the commencement, be returned to the National Crime Authority.

""(3) Any document that is in the possession of the Commission at the commencement and which is not disposed of in accordance with sub-section (1) or (2) shall, as soon as practicable after the commencement, be placed in the custody of the Presiding Officers jointly.

""(4) Documents placed in the custody of the Presiding Officers in accordance with sub-section (3) shall be deemed to be records in the possession of the Senate and of the House of Representatives jointly, and shall be disposed of in accordance with the Archives Act 1983, subject to any resolution passed by each House of the Parliament relating to the disposal of those documents.

""(5) Notwithstanding the repeal of the repealed Act by this Act, the repealed Act shall continue to have effect after the commencement for the purpose of, and to the extent necessary for, compliance with this section.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 28

Senators- Alston Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Kilgariff (Teller) Lewis MacGibbon Messner Newman Parer Puplick Reid Short Townley Vanstone Walters Watson Withers

NOES, 33

Senators- Aulich Black Bolkus Childs Coates Coleman Colston Cook Cooney Crowley Devlin Elstob Evans Foreman Georges Giles Haines Jones (Teller) McKiernan Macklin Maguire Mason Morris Ray Reynolds Richardson Robertson Ryan Sibraa Siddons Tate Vigor Zakharov

Amendment negatived accordingly.

On the motion of Senator Evans the following amendments were, by leave, taken together and agreed to:

Page 2, sub-clause (3), line 25, after ""law'', insert "", during the period of 30 years after the commencement''.

Page 2, sub-clause (4), lines 38 to 40, leave out the sub-clause, insert the following sub-clause:

""(4) Notwithstanding any other law, a person is not entitled to have access to, or to make use of-

(a) a class A document after the end of the period of 30 years after the commencement; or

(b) a class B document at any time,

except in accordance with the written authority of the Presiding Officers.''.

Clause 7, as amended, agreed to.

Clause 8 read-

Senator Durack moved an amendment, viz: Page 3, lines 15 to 27, leave out the clause, insert the following clause:

""8. (1) A person who is, or has at any time been, a member of the Commission, a member of the staff of the Commission or counsel assisting the Commission shall not, directly or indirectly, disclose to any other person or make use of any document or information to which the first-mentioned person has had access by reason of being or having been such a member or counsel.

Penalty: $5,000 or imprisonment for 6 months, or both.

""(2) Sub-section (1) does not prevent or hinder-

(a) the performance of any act otherwise authorised by this Act or the repealed Act as continued in effect by this Act; or

(b) the participation of a person in any investigation undertaken by a person or organization referred to in section 7, or any proceedings, in which use is made of information or documents referred to in section 7.''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 35

Senators- Alston Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Haines Hamer Hill Kilgariff (Teller) Lewis MacGibbon Macklin Mason Messner Newman Parer Puplick Reid Sanders Short Siddons Teague Townley Vanstone Vigor Walters Watson Withers

NOES, 29

Senators- Aulich Black Bolkus Childs Coates Coleman Colston Cook Cooney Crowley Devlin Elstob Evans Foreman Georges Giles Grimes Jones McKiernan Maguire Morris Ray Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Zakharov

And so it was resolved in the affirmative.

Debate continued.

Question-That the words proposed to be inserted be inserted-put and passed.

On the motion of Senator Evans the following further amendment was agreed to: At end of clause, add the following new sub-clause:

""(3) Sub-section (1) does not apply in relation to anything done in accordance with an authority given under sub-section 7 (4).''.

Clause 8, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Elstob) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Evans the Report from the Committee was adopted.

Senator Evans moved-That this Bill be now read a third time.

Debate ensued.

Senator Georges addressing the Chair

And it being 10.30 p.m.-