Page 4277 - Week 13 - Thursday, 25 November 1993
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MADAM SPEAKER, THIS IS A BILL TO AMEND THE NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991.
IN DECEMBER 1991 THE A.C.T. ENACTED THE NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991. THAT ACT WAS UNDERPINNING LEGISLATION TO THE COMMONWEALTH NATIONAL CRIME AUTHORITY ACT 1984 AND FORMED PART OF A LEGISLATIVE SCHEME WHICH PROVIDED THE LEGAL BASIS FOR THE NATIONAL CRIME AUTHORITY TO INVESTIGATE BREACHES OF STATE AND TERRITORY LAW.
SINCE THAT TIME THE COMMONWEALTH HAS AMENDED THE NATIONAL CRIME AUTHORITYACT 1984 AND THESE PROPOSED AMENDMENTS WILL BRING THE A.C.T. LEGISLATION INTO LINE WITH THAT OF THE COMMONWEALTH. ALL STATES HAVE AGREED TO AMEND THEIR UNDERPINNING LEGISLATION TO ACHIEVE THE AIM OF COMPLEMENTARY LEGISLATION ACROSS AUSTRALIA.
THE MAIN CLAUSES PROVIDE THAT, IN AN APPROPRIATE CASE AND SUBJECT TO SOME RESTRICTIONS, A SUMMONS TO A WITNESS ISSUED UNDER SECTION 16 OF THE NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991 OR A NOTICE REQUIRING PRODUCTION OF A DOCUMENT OR OTHER ITEM OF EVIDENCE ISSUED UNDER SECTION 17, MAY INCLUDE A NOTATION PROHIBITING DISCLOSURE OF ANY INFORMATION RELATING TO THE SUMMONS OR NOTICE OR TO ANY OFFICIAL MATTER CONNECTED WITH IT.
THESE PROVISIONS ARE DESIGNED TO PREVENT PEOPLE WHOSE ACTIVITIES ARE UNDER INVESTIGATION BY THE MCA FROM BECOMING AWARE OF THE INVESTIGATION. THIS HAS HAPPENED IN THE PAST WHEN, FOR EXAMPLE, FINANCIAL INSTITUTIONS RECEIVED SUMMONSES OR NOTICES RELATING TO THEIR CLIENTS AFFAIRS AND FELT LEGALLY OBLIGED TO INFORM THEIR CLIENT. ON BEING TOLD OF THE RECEIPT OF SUCH PROCESS, SUSPECTS HAVE CONCEALED OR DESTROYED EVIDENCE OR GONE INTO HIDING, THUS FRUSTRATING MCA INVESTIGATIONS. THE AMENDMENT AIMS TO PREVENT THIS HAPPENING IN THE FUTURE AND CLARIFIES THE LEGAL POSITION OF BODIES SUCH AS FINANCIAL INSTITUTIONS.
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