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COMPLAINTS (AUSTRALIAN FEDERAL POLICE) AMENDMENT BILL 1994

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

the whole.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary to the Minister for

Primary Industries and Energy (Senator Sherry) tabled a supplementary

explanatory memorandum relating to the Government amendment to be moved

to the bill.

On the motion of Senator Sherry the following amendment was debated and

agreed to:

Clause 6, page 4, proposed subsection 19(3), lines 5 to 10, omit the

subsection, substitute the following subsections:

" "(3) Proceedings for an offence against this section must not be

brought except with the consent in writing of:

(a) the Ombudsman or an authorised person; or

(b) if the Ombudsman or an authorised person refuses to consent--the

Attorney-General.

"(4) In this section:

"authorised person" means a person who has been authorised in writing by

the Ombudsman to give consents under subsection (3).'.".

Senator Spindler moved the following amendments together by leave:

After clause 2, page 2, insert the following clause:

"2A. After section 5A of the Principal Act the following section is

inserted:

Immunity from use of information given by a complainant

"5AA. Where a person makes a complaint referred to in section 5, the

following are not admissible in evidence against that person in any

criminal proceedings:

(a) the information, including any document, given by the person for

the purpose of making the complaint;

(b) the fact of the production of the document (if any) by the

person;

(c) any information, document or thing obtained as a direct or

indirect consequence of the giving of the information or the

document.'.".

Clause 6, page 4, after proposed subsection 19(3), insert the following

subsection:

"(3A) Proceedings for an offence against this section must not be

brought unless the persons referred to in subsection (3) are satisfied

that evidence of the offence can be corroborated by a person other

than an AFP appointee to whom:

(a) the false information was provided; or

(b) the complaint relates.".

Clause 16, line 8 (page 7) to line 11 (page 9), omit the clause.

Clause 17, page 9, paragraph (a), proposed subsection 67(1), line 15,

omit "Subject to section 52A, proceedings", substitute "Proceedings".

Debate ensued.

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

Bill, as amended, agreed to.

Bill to be reported with an amendment.

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

Temporary Chairman of Committees (Senator McKiernan) reported

accordingly.

On the motion of the Minister for Trade (Senator McMullan) the report

from the committee was adopted and the bill read a third time.