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HEALTH LEGISLATION (POWERS OF INVESTIGATION) AMENDMENT BILL 1993

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Consideration resumed of clause 11, as amended--and of the amendment

moved by the Minister for Family Services (Senator Crowley)--

Clause 11, page 8, proposed subsection 8S(1), lines 4 to 11, omit the

subsection, substitute the following subsection:

""8S.(1) Subject to this Division, if an authorised officer has

reasonable grounds for believing that a relevant offence has been or

is being committed, he or she may:

(a) enter, at any reasonable time of the day or night, any premises

that the authorised officer has reasonable grounds to believe

are premises to which this section applies; and

(b) exercise his or her powers under section 8T;

to the extent that it is reasonably necessary for the purpose of

ascertaining whether the relevant offence has been or is being

committed.".

And of the amendments moved by Senator Newman to Senator Crowley's

proposed amendment--

Proposed paragraph 8S(1)(a), omit "enter", substitute "with the consent

of the occupier, enter".

At end of proposed subsection 8S(1), add the following subsection:

""(1A) If the occupier does not consent to entry under subsection (1),

an authorised officer must not enter the premises without a search

warrant.".

Debate resumed.

Senator Lees moved--That the committee report progress and ask leave to

sit again.

Question put and passed.

The Acting Deputy President (Senator Chapman) resumed the Chair and the

Temporary Chairman of Committees (Senator Colston) reported that the

committee had considered the bill, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Crowley, that the committee have leave

to sit again at a later hour.