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Friday, 19 April 1985
Page: 1486


Mr LIONEL BOWEN (Attorney-General)(10.15) —I move:

That the amendments be agreed to.

The amendments have come about as a result of the Senate Standing Committee for the Scrutiny of Bills making recommendations for amendment. We have just dealt with the Extradition (Commonwealth Countries) Amendment Bill. We are now dealing with the Extradition (Foreign States) Amendment Bill. In my previous speech on the first mentioned Bill I said that the Government accepted those amendments which relate to powers of entry, search and seizure. The amendments were prompted by the Senate Standing Committee for the Scrutiny of Bills. The idea was to ensure that there would be warrants issued not only on the question of search, but also if there was going to be search and seizure of property. In other words, further warrants had to be obtained. That applies to this Bill. Accordingly, I do not wish to repeat what I have already said; it is the same principle and we are prepared to accept it. However, there is an additional factor in this amending Bill. The Senate amended the Bill on the basis that clause 4 inserts new section 9 (1A), which creates a Schedule listing the countries to which the Act applies by virtue of the existence of an inherited treaty. The amendment simply provides for a further new section 9 (1B) to the effect that where one of the inherited treaties is replaced by a modern treaty, the reference in the Schedule to the relevant country shall be omitted. The amendment thereby removes the need to amend the Schedule in the Act whenever a modern treaty replaces an inherited treaty. The amendment is, accordingly, of a minor formal nature.

Question resolved in the affirmative.

Resolution reported; report adopted.