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Tuesday, 5 May 1987
Page: 2629


Mr KERIN (Minister for Primary Industry)(9.17) —I move:

Clause 12, page 5, line 30, insert ``, and any information or thing (including any document) obtained as a direct or indirect consequence of the submitting of the return or the provision of the information, as the case may be,'' after ``provided''.

Sub-clause 12 (2) of the Bill provides that a person is not excused from submitting a return or providing information on the grounds that such might tend to incriminate the person. It also provides that any return or information so submitted or provided is not admissible in evidence against the person in proceedings pursuant to the legislation. The Senate Standing Committee for the Scrutiny of Bills has brought to the Government's attention that the provisions of sub-clause 12 (2) might not adequately protect a person's rights and liberties in that protection from self-incrimination is unduly restricted by the Bill as presently drafted. It is the Government's policy to extend the protection from self-incrimination in these circumstances from proceedings in relation to the actual return or information which has been provided to protection also in relation to information or things arising as a direct or indirect consequence of the return of information which is actually being submitted. I am sure that that is very plain to all honourable members. The honourable member for North Sydney (Mr Spender) would understand; he is a lawyer.


Mr Spender —Call it transactional immunity.


Mr KERIN —Transactional immunity, all right. This is a further extension of the immunity which we have always included in our legislation. Only a few weeks ago it was included when the same sort of legislation-nearly identical-was introduced for another commodity. The Standing Committee for the Scrutiny of Bills wants to go one little step further. As honour- able members would understand, there has been discussion about this with the Office of the Parliamentary Counsel; but the Government felt that, if other people see this as being necessary, we would accept it. So, we put forward this amendment which gives effect to the policy I have just enunciated.

Amendment agreed to.

Bill, as amended, agreed to.

Bill reported with an amendment; report-by leave-adopted.