Page 4087 - Week 14 - Tuesday, 22 October 1991
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That Act repealed section 12 of the parent Act, which was copied into our Act, and it put in a substitute section. That substitute section was inserted following concerns and discussions of the IGC about the power and right of State governments to be involved in NCA investigations. It appears to me that the Bill before the house is replicating the repealed section of the parent Act when, in fact, it should be using the substituted section from the Crimes Legislation Amendment Act, Act No. 28 of 1991 of the Federal Parliament.
So, my amendment seeks, hurriedly - and I believe that the Attorney needs to seek advice from his counsel on this - - -
Consideration interrupted.
ADJOURNMENT
MADAM TEMPORARY DEPUTY SPEAKER (Mrs Grassby): Order! It being 9.30 pm, I propose the question:
That the Assembly do now adjourn.
Ms Follett: I require the question to be put forthwith without debate.
Question resolved in the negative.
NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) BILL 1991
Detail Stage
Consideration resumed.
MR COLLAERY: If members refer to clause 6 of the Bill before the house, I can assure them that they will see that the wording is close to that of the repealed section 12 of the National Crime Authority Act 1984. That section no longer exists. The proper section is worded similarly to the amendment which I have moved and which has been circulated in my name. It gives the role of each Attorney and provides for the right to require more specific assistance than do the more general words you will see in clause 6.
The fact is that my amendment replicates the existing provision in the National Crime Authority Act, as amended, and requires the authority to do its best to ensure that, when the evidence is assembled, it is given to the Attorney-General of the Territory or State involved. That was a shortcoming in the parent Act. The authority was not obliged to present the evidence to the Attorney of the relevant State. There were no proper reportage arrangements.
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