Page 1197 - Week 04 - Thursday, 21 April 1994
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MS FOLLETT (Chief Minister and Treasurer) (3.38): Madam Speaker, the Government will not be opposing this amendment moved by Mr Humphries. I do consider, though, that it is most unlikely that these provisions will ever be called upon. I think Mr Humphries has also accepted that point. These provisions are modelled very closely on those that apply in Tasmania, and I know of no reason why we should not adopt them for the ACT. I will not be opposing them.
MR MOORE (3.39): I would like to indicate my support for these provisions too, Madam Speaker. It seems to me that, if legislation fulfils its role by being on the statute books, that is the most effective way. We would all hope, I imagine, that that would happen with lots of our criminal legislation as well.
Amendment agreed to.
MR HUMPHRIES (3.39): Madam Speaker, I move amendment zs., standing in my name, which reads as follows:
zs. Page 116, line 28, after proposed new section 276 insert the following section:
Admissibility of evidence
"276A. (1) A person who appears as a witness in a proceeding is not excused from answering a question or producing a document or other thing that the person is required by the Court to answer or produce on the ground that the answering of the question or the producing of the document or thing may tend to incriminate the person or on the ground of privilege.
"(2) A statement or disclosure made, or a document or other thing produced, by a person in the course of a proceeding, or any information, document or other thing obtained as a direct or indirect consequence of the making of the statement or disclosure, or of the production of the first-mentioned document or thing, is not admissible in evidence in any civil or criminal proceeding except -
(a) a proceeding before the Court; or
(b) a proceeding for an offence relating to the giving of false evidence.".
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