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Thursday, 15 August 1974
Page: 1003


Senator MURPHY (New South WalesAttorneyGeneral) - I am a little lost to see the way in which Senator Greenwood now says that his legislation was wrong. He does not answer what I have put, that is, that we have gone to the point of exempting from the kind of provision that he had in his legislation natural persons so that no individual would be liable to have used against him in a criminal proceeding, even under this Bill, information which had been furnished in pursuance of its provisions. We have inserted a provision far more beneficial to the citizen. We have exempted him and left it to apply only to a corporation. On Senator Greenwood's own approach, it is a far better provision than he had in his legislation. But then he says with respect to the Commissioner of Taxation that we cannot use in prosecution information which has been required to be furnished to him. The honourable senator may be right, but I do not think so. We have not had a chance to look at it. Those around me think he is quite wrong.


Senator Wright - That the Commissioner of Taxation can be compelled to produce documents that he requires to be furnished to him?


Senator MURPHY -That is not the provision at all.


Senator Wright - That is the one to which Senator Greenwood referred.


Senator MURPHY - No, this is not the one we are dealing with at all. The honourable senator is way off the beam. This is not the provision we are talking about.


Senator Wright - Compelling information.


Senator MURPHY - There is not a contest on the compelling of information. That is accepted on all hands.


Senator Wright - No. It is the use of information for criminal prosecutions.







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