Page 4760 - Week 15 - Thursday, 21 November 1991
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the Federal Parliament for an official of the NCA to attend before it to give evidence, simply because section 51 does not contain any express words excluding the power of the Federal Parliament to bring a public official before it. It is fundamental to our democracy that we can bring our own public officials before us. The Evans opinion states:
It is a well-established principle that parliamentary powers, privileges and immunities are not affected by a statutory provision except by express words.
He goes on:
... section 51 of the National Crime Authority Act cannot be taken to be such a declaration.
To support that, he sets out the principles from a joint opinion in 1985 by the Federal Attorney and the then Solicitor-General. They said:
Whatever may be the constitutional position, it is clear that parliamentary privilege is considered to be so valuable and essential to the workings of responsible government that express words in a statute are necessary before it may be taken away:
They cite some authorities and refer to the Federal Constitution. He goes on:
This statement of the law was unanimously accepted by the Senate Standing Committee on Constitutional and Legal Affairs (as it then was) as correct (the judgment cited in the opinion is regarded as establishing the principle referred to -
that is, the standing committee's report No. 235 of 1985. Mr Evans goes on to state:
Section 51 of the National Crime Authority Act therefore does not set aside the power of the Joint Committee to require a person to attend to give evidence and to produce documents.
I am at a loss to understand what the Attorney's argument is. We are not passing a law that is inconsistent with the Federal law, because the Federal law does not prevent an official from giving evidence before the Federal Parliament. So, if the Federal law does not prevent it, how could a law of ours be inconsistent with it? It is as simple as that.
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