Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
5190
2004-2005-2006-2007
The Parliament of the
Commonwealth of Australia
THE SENATE
Crimes Legislation Amendment (National
Investigative Powers and Witness Protection) Bill
2006
(Amendments to be moved by Senator Ludwig on behalf of the Opposition in committee of the whole)
(1) Schedule 1, item 1, page 8 (lines 5 to 7), omit subsection 15GE(3).
[definition of serious Commonwealth offence]
(2) Schedule 1, item 1, page 15 (line 29), after "has effect for", insert "the lesser of three months
or".
[requirement for extensions to be authorised by the AAT]
(3) Schedule 1, item 1, page 17 (after line 23), at the end of the section 15GQ, add:
(3) Nothing in this section permits an authorising officer to extend the duration of an
authorisation beyond three months from the date of the initial authorisation.
[requirement for extensions to be authorised by the AAT]
(4) Schedule 1, item 1, page 17 (after line 23), after section 15GQ, insert:
15GQA Extension of authorisation
(1) An authorisation expires in accordance with section 15GN unless, while the authorisation
is in force, a nominated Tribunal member has:
(a) reviewed the authorisation; and
(b) decided that the authorisation should remain in force for a longer duration.
(2) The authorisation must be reviewed by a nominated Tribunal member within two weeks
before to the date on which the authorisation would expire without an extension granted
under this section.
(3) The nominated Tribunal member must not extend the term of the authorisation under this
section unless the Tribunal member is satisfied on reasonable grounds of the matters
described in subsection 15GH(2).
(4) The nominated Tribunal member must not extend the term of any authorisation beyond
one year from the date of the commencement of the authorisation.
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15GQB Who are nominated Tribunal members?
(1) A nominated Tribunal member is a member of the Administrative Appeals Tribunal in
respect of whom a written nomination by the Minister is in force that permits the member
to conduct reviews and to make decisions under section 15GQA.
(2) The Minister must not nominate a person unless the person:
(a) is a Deputy President or full-time senior member; or
(b) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a
State or Territory and has been enrolled for at least 5 years.
(3) A nominated Tribunal member has, in conducting a review or making a decision under
section 15GQA, the same protection and immunity as a Justice of the High Court has in
relation to a proceeding of that court.
[requirement for extensions to be authorised by the AAT]
(5) Schedule 1, item 1, page 28 (lines 33 to 37), omit subsection 15HH(4).
[requirement for ongoing investigations to be reported every six months]
(6) Schedule 1, item 1, page 75 (after line 9), at the end section 15KP, add:
(3) The presiding officer in the proceeding must not retain, copy or record any information
received under this section.
[further protection for identity of operative]
(7) Schedule 2, item 8, page 88 (lines 4 to 16), omit the definition of relevant offence, substitute:
relevant offence means:
(a) an offence under Division 72 of the Criminal Code Act 1995; or
(b) an offence under Part 5 of the Criminal Code Act 1995; or
(c) an offence involving or resulting in the death of a person; or
(d) an offence against the person, where the maximum penalty for the offence is
imprisonment for life.
[restriction on the use of delayed notification search warrants]
(8) Schedule 2, item 8, page 98 (lines 7 and 8), omit paragraph 3SL(1)(b).
[warrant to impersonate a person]
(9) Schedule 2, item 8, page 109 (line 30), omit "12", substitute "6".
[Ombudsman to inspect agency files every 6 months]
(10) Schedule 3, item 4, page 117 (line 27), at the end of the definition of executing officer, add:
; and (c) is a constable.
[restriction to police officers]
(11) Schedule 3, item 31, page 132 (lines 10 and 11), omit "may adjourn the examination for such
period as the examiner thinks is reasonable to enable the person", substitute "must adjourn the
examination until the person giving evidence has had adequate time".
[adequate time to obtain legal representation]
(12) Schedule 3, item 31, page 132 (after line 12), at the end of section 25B, add:
(3) The examiner must not resume the examination until:
(a) the person giving evidence has obtained a legal representative, who is present; or
(b) the person giving evidence has given express, informed consent to the conduct of
the examination in the absence of legal representation.
[no examination without legal representation]
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