Page 4086 - Week 14 - Tuesday, 22 October 1991

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Clause 6

MR COLLAERY (9.28): I move:

Line 26, omit subclause (1), substitute the following subclauses:

"(1) Where in carrying out a special function the Authority obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that would be admissible in a prosecution for the offence, the Authority must assembly the evidence and give it to:

(a) the Attorney-General of the Territory, the Commonwealth or the State, as the case requires; or

(b) the relevant law enforcement agency: or

(c) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.

"(1A) Where any evidence is obtained of an offence against a law of the Commonwealth or of a State or Territory, being evidence that:

(a) is obtained in the course of investigations co-ordinated by the Authority under paragraph 11(1)(d); and

(b) would be admissible in a prosecution for the offence;

the Authority must do its best to ensure that the evidence is assembled and given to:

(d) the relevant law enforcement agency; or

(e) any person or authority (other than a law enforcement agency) who is authorised by or under a law of the Commonwealth or of the State or Territory to prosecute the offence.".

I need to inform the house that the parent Act, the National Crime Authority Act 1984, which I was studying earlier this evening, was amended this year, as I have determined with the assistance of the library this evening, by the Crimes Legislation Amendment Act 1991.

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