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Thursday, 15 August 1974
Page: 1017


Senator MURPHY (New South WalesAttorneyGeneral) - I move:

Leave out new clause 156a, insert the following new clause: 156a. ( I ) Where a corporation makes an application to the Commission for an authorisation, the Commission gives a notice under section 91 (4) to a corporation to which an authorisation has been given or proceedings have been instituted against a corporation under section 77, the Commission shall, at the request of the corporation, furnish to the corporation-

(   a ) a copy of every document that has been furnished to, or obtained by, the Commission in connexion with the matter to which the application, notice or proceedings relates and tends to establish the case of the corporation: and

(   b) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connexion with the matter to which the application, notice or proceedings relates and tends to establish the case of the corporation, not being a document obtained from the corporation or prepared by an officer or professional adviser of the Commission.

(2)   If the Commission does not comply with a request under sub-section ( I ), the Court shall, subject to sub-section (3), upon application by the corporation which made the request, make an order directing the Commission to comply with the request. (,3) The Court may refuse to make an order under subsection (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.

(4)   Before the Court gives a decision on an application under sub-section ( 2 ), the Court may require any documents to be produced to it for inspection.

(5)   An order under this section may be expressed to be subject to conditions specified in the order.'.

I ask Senator Greenwood whether he has had a look at proposed new clause 156a.


Senator Greenwood - Yes.


Senator MURPHY -This is a technical clause dealing with the procedure upon discovery in court proceedings. The amendment has been seen by Senator Greenwood. I will not go into all the technicalities. It will clear up what I think we on both sides of the chamber would want in regard to more effective discovery.







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