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Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 3024 ..

MR MOORE (continuing):

Mr Stanhope did say to me in the round table meeting that if it appears necessary we would look at them in about six months' time to see whether they are working. I hope that they will be satisfactory. My judgment at this stage is that they will be a satisfactory range of powers.

MR STANHOPE (Leader of the Opposition) (5.47): Mr Speaker, I move:

Proposed new sections 12LA, 12LB and 12LC, omit the sections, substitute the following section:

"12LA Provision of information under s 12L (f)-claim of privilege

'(1) This section applies if an authorised officer requires a person to provide information, or to answer questions, under subparagraph 12L (f) (ii) or (iii).

'(2) The person need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege, or privilege against selfincrimination.

'(3) Before the person provides the information, or answers the questions, the officer must-

(a) produce his or her identify card; and

(b) tell the person that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege, or privilege against selfincrimination.

'(4) The officer must ask the person to sign a written acknowledgment of-

(a) the fact that the person has been told that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege or privilege against selfincrimination; and

(b) the fact that the person has, or has not, claimed legal professional privilege, or privilege against selfincrimination, in relation to information specified in the acknowledgment; and

(c) the date and time when the requirement was made.

'(5) In proceedings for the purposes of this Act, evidence obtained as a result of the requirement is inadmissible unless an acknowledgment under subsection (4) is produced in evidence.'.".

I take the point that the Minister has made. At the conference the Minister referred to, there was a discussion about this amendment. The Labor Party is more than happy with, and quite open to, this amendment being assessed at some time in the near future in the light of experience. If it is demonstrably the case that the enforcement arrangements are not working as a result, then the Labor Party will be quite open to suggestions from the Government, in light of its experience, as to how this provision might be improved or tightened.

Amendment (Mr Stanhope's ) to Mr Moore's amendments agreed to.

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