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INTERNATIONAL WAR CRIMES TRIBUNAL BILL 1994
INTERNATIONAL WAR CRIMES TRIBUNAL (CONSEQUENTIAL AMENDMENTS) BILL 1994

Order of the day read for the consideration of the bills in committee of

the whole.

In the committee

INTERNATIONAL WAR CRIMES TRIBUNAL BILL 1994--

Explanatory memorandum: The Minister for Immigration and Ethnic Affairs

(Senator Bolkus) tabled a supplementary explanatory memorandum relating

to the Government amendments to be moved to the bill.

Clauses 1 to 9, taken together by leave, agreed to.

Clause 10--

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

Clause 10, page 6, subclause (1), lines 33 and 34, omit the subclause,

substitute the following subclause:

"(1) A magistrate must issue a warrant, in the statutory form, for a

person's arrest if an application is made, in the statutory form, on

behalf of the Tribunal, for issue of a warrant pursuant to the

notice.".

Clause 10, page 7, paragraph (2)(a), line 2, omit "Attorney-General",

substitute "Tribunal".

Clause 10, as amended, agreed to.

Clause 11 agreed to.

Clause 12--

On the motion of Senator Spindler the following amendment was debated

and agreed to:

Clause 12, page 7, subclause (1), lines 22 to 24, omit the subclause,

substitute the following subclause:

"(1) A person who is arrested under a warrant must, as soon as

practicable:

(a) be given a written notice that:

(i) specifies the Tribunal offence in respect of which the

warrant was issued; and

(ii) describes the conduct that is alleged to constitute that

offence; and

(b) be brought before a magistrate in the State or Territory in

which the person is arrested.".

Clause 12, as amended, agreed to.

Clauses 13 to 15, taken together by leave, agreed to.

Clause 16--

On the motion of Senator Spindler the following amendment was agreed to:

Clause 16, page 9, after subclause (2), insert the following subclause:

"(2A) In considering whether there are exceptional circumstances, the

Attorney-General must:

(a) give the person a reasonable opportunity to provide to the

Attorney-General documents intended to show that there are

exceptional circumstances; and

(b) consider any documents so provided.".

Clause 16, as amended, agreed to.

Clause 17 agreed to.

Clause 18--

Senator Spindler moved the following amendment:

Clause 18, page 9, after subclause (1), insert the following subclause:

"(1A) A surrender warrant is not to be issued within the time the

person:

(a) may apply to the Federal Court for review of the determination;

or

(b) may appeal to the Full Court of the Federal Court against an

order of the Court; or

(c) may apply for special leave to appeal to the High Court against

an order of the Full Court.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Clause 18 agreed to.

Clauses 19 to 23, taken together by leave, agreed to.

On the motion of Senator Spindler the following amendment was agreed to:

After clause 23, page 11, insert the following clause:

Effect of surrender to Tribunal on person's terms of imprisonment

"23A.(1) If, at the time a person was surrendered to the Tribunal

under this Part in connection with a Tribunal offence, the person was

serving a sentence of imprisonment in respect of an offence against a

law of the Commonwealth or of a Territory:

(a) any time spent by the person in custody in connection with the

surrender warrant; and

(b) any time spent by the person in custody in connection with

detention by, or on the order of, the Tribunal in respect of the

Tribunal offence;

is to be counted as time served towards the sentence of imprisonment.

"(2) A reference in this section to time spent in custody includes a

reference to time spent in custody outside Australia.".

Clause 24 agreed to.

Senator Spindler moved the following amendment:

After clause 24, page 11, insert the following Division:

"Division 3--Review by the Federal Court

Review of Attorney-General's determination

"24A.(1) Where the Attorney-General determines that the person

remanded under Division 1 is to be surrendered to the Tribunal the

person may, within 7 days after the determination, apply to the

Federal Court for review of the determination.

"(2) Unless satisfied that there are exceptional circumstances, the

Court must confirm the determination of the Attorney-General that the

person is to be surrendered to the Tribunal.

"(3) If satisfied that there are exceptional circumstances, the Court

must, by order, direct a magistrate to order:

(a) the release of the person from custody; or

(b) the discharge of the recognisances on which bail was granted to

the person;

as the case requires.

"(4) The person or the Attorney-General may appeal to the Full Court

of the Federal Court from the order of the Federal Court.

"(5) The person or the Attorney-General is not entitled to appeal to

the Full Court more than 7 days after the day on which the order of

the Federal Court is made.

"(6) The High Court shall not grant special leave to appeal against

the order of the Full Court made on the appeal referred to in

subsection (4) if the application for special leave is made more than

7 days after the day on which the order of the Full Court is made.

"(7) Where the person or the Attorney-General:

(a) appeals under subsection (4) against an order made on a review

by the Federal Court; or

(b) appeals to the High Court against an order made on that appeal;

the following provisions have effect:

(c) the court to which the appeal is made is to have regard only to

the material that was before the Federal Court;

(d) if, because of the order referred to in paragraph (a) or (b), as

the case requires, the person has been released--the court to

which the application or appeal is made may order the arrest of

the person;

(e) if:

(i) because of the order referred to in paragraph (a) or (b), as

the case requires, the person has not been released; or

(ii) the person has been arrested under an order made under

paragraph (d);

the court to which the appeal is made may:

(iii) order that the person be kept in such custody as the court

directs; or

(iv) order the release on bail of the person on such terms and

conditions as the court thinks fit;

until the review has been conducted or the appeal has been heard.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

Clauses 25 to 37, taken together by leave, agreed to.

Remainder of bill taken as a whole by leave.

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

Clause 38, page 18, subclause (1), after paragraph (b), insert the

following word and paragraph:

"or (c) being surrendered to the Tribunal;".

Clause 39, line 34 (page 18) to line 4 (page 19), omit the clause.

Clause 40, page 19, lines 5 to 11, omit the clause.

Clause 48, page 22, after subclause (4) insert the following subclause:

"(4A) If the person applying for the warrant is a member or special

member of the Australian Federal Police and has, at any time

previously,applied for a warrant relating to the same person or

premises, the person must state particulars of those applications and

their outcome in the information.".

Clause 58, page 28, subclause (3), line 13, omit "containing

electronically stored information".

After clause 61, page 30, insert the following clauses:

Occupier entitled to be present during search

"61A.(1) If a warrant in relation to premises is being executed and

the occupier of the premises or another person who apparently

represents the occupier is present at the premises, the person is

entitled to observe the search being conducted.

"(2) The right to observe the search being conducted ceases if the

person impedes the search.

"(3) This section does not prevent 2 or more areas of the premises

being searched at the same time.

Receipts for things seized under warrant

"61B.(1) If a thing is seized under a warrant or moved under

subsection 58(2), the executing officer or an officer assisting must

provide a receipt for the thing.

"(2) If 2 or more things are seized or removed, they may be covered in

the one receipt.".

Clause 66, page 33, line 5, omit "section 40", substitute "section 76A

or 76B".

Clause 71, page 35, subparagraph (1)(f)(ii), lines 13 to 17, omit the

subparagraph, substitute the following subparagraph:

"(ii) must be conducted in the presence of a parent or guardian

of the person being searched or, if that is not acceptable

to the person, in the presence of another person (other

than a police officer) who is capable of representing the

interests of the person and who, as far as is practicable

in the circumstances, is acceptable to the person; and".

Clause 73, page 36, subclause (1), line 9, omit "responsible officer",

substitute "police officer".

Clause 73, page 36, subclause (2), line 14, omit "responsible officer",

substitute "police officer".

Clause 73, page 36, paragraph (2)(a) line 17, omit "responsible

officer", substitute "police officer".

Clause 73, page 36, subclause (3), lines 20 to 26, omit the subclause.

Before clause 77, page 37, insert the following clauses:

Arrest of persons escaping from custody

"76A.(1) A police officer may, without warrant, arrest a person, if

the police officer has reasonable grounds to believe that the person

has escaped from custody authorised by this Act.

"(2) A person who has been arrested under subsection (1) must be

returned to the custody referred to in that subsection.

Arrest of person released on bail

"76B.(1) A police officer may, without warrant, arrest a person who

has been released on bail under this Act if the police officer has

reasonable grounds for believing that the person has contravened, or

is about to contravene, a term or condition of a recognisance on which

bail was granted to the person.

"(2) A person arrested under subsection (1) must, as soon as

practicable, be brought before the court by which the person was

admitted to bail.

Aiding persons to escape, etc.

"76C. Sections 46, 47A and 48 of the Crimes Act 1914 (other than

paragraphs 46(ab) and 47A(d) of that Act) apply as if:

(a) references in those sections to custody in respect of any

offence against a law of the Commonwealth were references to

custody while in Australia pursuant to this Act; and

(b) references in those sections to arrest in respect of any offence

against a law of the Commonwealth were references to arrest

pursuant to this Act.".

Remainder of bill, as amended, agreed to.

INTERNATIONAL WAR CRIMES TRIBUNAL (CONSEQUENTIAL AMENDMENTS) BILL 1994--

Bill, taken as a whole by leave, agreed to.

The International War Crimes Tribunal Bill 1994 to be reported with

amendments and the International War Crimes Tribunal (Consequential

Amendments) Bill 1994 to be reported without amendments.

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

Temporary Chairman of Committees (Senator Chapman) reported accordingly.

On the motion of Senator Bolkus the report from the committee was

adopted and the bills read a third time.