Page 3072 - Week 10 - Wednesday, 15 September 1993
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Madam Speaker, the concept of such legislation, I might point out for Mr Moore's benefit, was supported by the Legal Affairs Committee in its report of May 1993 on the Crimes (Amendment) Bill 1993, which was put forward by Mr Moore. I quote paragraphs 3.15 to 3.17 of that report:
The AFP noted that the Bill -
that is, Mr Moore's Bill -
was based on the premise that offenders will be honest and will provide their correct name and address to police officers. Accordingly, there was a need for an additional offence to cover situations where a person fails or refuses to supply the information.
The committee concurs with this view.
As I recall it, Madam Speaker, Mr Lamont was a member of that committee at the time. The report goes on:
The committee recommends that:
an offence be created to cover the situation whereby a person fails or refuses to supply his/her correct name and/or address to a police officer.
Mr Connolly: After they have been charged with the offence, for the on-the-spot fine. That is fine. Your Bill is for anyone. This is, "Where are your papers, sir?".
MR HUMPHRIES: Madam Speaker, the Minister misapprehends. It was not the intention of the committee to say that this should occur only after a person has been charged.
Mr Connolly: Yes, it was.
Mr Lamont: Yes, it was.
MR HUMPHRIES: I think those opposite would do well to consider that the power is nugatory if police officers cannot exercise it except when they choose to make an arrest or issue a fine. Clearly, to obtain the information, it would be necessary for an officer to have to do that in order to operate this particular provision. That is obviously most undesirable. With great respect, I think the Minister and Mr Lamont misapprehend what was decided.
Mr Lamont: No. You are telling a porky.
MR HUMPHRIES: Madam Speaker, I would ask Mr Lamont to withdraw that.
MADAM SPEAKER: Mr Lamont, I think you should withdraw that.
Mr Lamont: Madam Speaker, in deference to you, I withdraw, noting that the Deputy Leader of the Opposition has been using exactly the same term repeatedly for the last six weeks.
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