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Friday, 16 December 1983
Page: 4004

Senator MARTIN(3.32) —The Opposition does not support this amendment. The Opposition was very concerned about certain self-incrimination provisions. We moved some amendments in regard to the Bill mark I which have been taken account of in this Bill. Clause 91 (1) states:

. . . evidence of the furnishing of the information or the production of the document is not admissible in evidence against the person in any civil or criminal proceeding before a court-

We accept that for this Bill to operate correctly, which is at a low key level, it may be necessary at a stage of the proceedings to say to someone: 'But we must have this information' so that we are not put into an adversary state any more than is necessary. We are pleased that the furnishing of that information cannot be carried forward. It ends there. If the finding is against the person who has been required to furnish the information and that person wants to challenge further in the courts, the information cannot be carried forward into that hearing. We consider that to be a very important protection of civil liberties. We are very pleased that the Government accepted it in its second Bill. Therefore we do not support Senator Harradine's amendment to clause 91.