Page 4237 - Week 14 - Thursday, 24 October 1991
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State, as the case may be, or a relevant law enforcement agency. The new category is "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".
In essence, it picks up the status of statutory directors of public prosecutions, which office has been established in most States and Territories and which office, of course, was created in the ACT. So, as I am advised, the new subclause 6(1), as moved by Mr Collaery, presents no problems to the Government.
Proposed new subclause 6(1A) in some senses duplicates subclause (1), but causes the Government no difficulty. We are able to accept that amendment as circulated.
MR MOORE (11.26): The amendment that Mr Collaery has circulated with reference to clause 6 seeks to delete subclause (1) and substitute other words. Subclause 6(1) states:
The Authority shall, in performing a special function, assemble any evidence of any offence against a law of the Territory, the Commonwealth or a State that it obtains in the course of its investigations, being evidence that would be admissible in a prosecution for that offence, and furnish that evidence to the Attorney-General for the Territory, the Commonwealth or the State (as the case may be) or to the appropriate law enforcement agency.
Mr Collaery, at the time he tabled this amendment, drew our attention to the fact that changes already have been made to the legislation upon which this was based to the same extent that he has set out here.
I notice a small spelling error in the amendment and I suppose I should draw attention to that. The fourth line should say that the authority must assemble the evidence. The actual words used are "must assembly the evidence". I understand that somebody could make a typing mistake - "assembly" rather than "assemble" - and that the spellcheck would not pick it up. Many of us are beginning to rely more heavily on our spellchecks. Nevertheless, a proofreader would realise that that was a simple typing error. I think that Mr Collaery should correct that.
MR DEPUTY SPEAKER: He can do that by leave, Mr Moore.
MR MOORE: Well, Mr Collaery can do it by leave or I can do it by leave.
MR DEPUTY SPEAKER: He has to. Thank you for pointing that out to me.
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