Page 5624 - Week 17 - Thursday, 5 December 1991
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It is the day and time when the occupier consented. Silence, as far as I read it - although I will stand corrected on my perusal of it - is just what we are consenting to, for the next 10 years? For any time of the day and night? Forever? It is extraordinary. Those of us who are familiar with the courts' decisions, as you are, Mr Deputy Speaker, on warrants issued under section 10, know full well how this is going to fail on challenge, in my view. But so what? It should not even be put up.
Then it goes on to state that it is material in proceedings if the Government cannot produce a signed consent. But even if it cannot present a signed consent, Mr Deputy Speaker - you will be amused by this - it is still rebuttable. So, really, you get back to the situation where you could have an argument that they really consented, with nothing in writing. What I am saying is that the whole clause, as amended, is faulty. It is bad law. It is doubly sad that a Labor Government would be party to this.
It is only a year since I was with some people from South Africa with Mr Berry who talked about the search and seizure activities of the South African police in South Africa.
Mr Berry: You have never been with me on the issue of South Africa.
MR COLLAERY: We were there with some people from the ANC and others. You were there, Mr Berry. We all agreed about those horrible powers, and here you are introducing them yourself. Shame on you, Mr Berry! I think the workers will see through it.
MR JENSEN (11.44): Mr Deputy Speaker, may I very briefly make one suggestion that might solve this. I wonder whether the Minister would consider adding, when we go back to the definitions, as has been agreed to, at the end of the definition of inquiry, the words "or an inquiry established under the Inquiries Act 1991". The definition of inquiry relates only to an inquiry established under part of this Bill. I think that would solve some of Mr Moore's problems.
Mr Wood: You could still do it.
MR JENSEN: No, it does not. It is quite clear in the Bill that "inquiry" means just what it says. It does not mean that sort of inquiry established under another piece of legislation.
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