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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1249 ..


(i) any data, text or visual images in the transmitted document were words spoken to or by a person in a private conversation within the meaning of that Act to which the parties were the accused person and his or her legal representative; and

(ii) a reference in that Act to the use of a listening device to overhear, record, monitor or listen to a private conversation included a reference to reading the document.

'Division 3.6-Costs and expenses

'34  Power to order payment of costs

A Territory court that directs evidence to be taken, or a submission to be made, by audiovisual link or audio link under section 18 or 30 may make such orders as it considers just for the payment of the costs and expenses incurred in relation to taking the evidence or making the submission, including any amounts prescribed under the regulations.

'Part 4-miscellaneous

'35  Regulation-making power

'(1)  The Executive may make regulations for this Act.

'(2)  The regulations may prescribe the amounts, or the way of calculating amounts, payable to a Territory court in relation to the cost of, or incidental to, the provision of an audiovisual link or audio link and ancillary equipment for Part 3.'.

Further amendments-

The following provisions are amended by omitting 'Act' and substituting 'Part':

Subsection 2 (1) (definition of proceedings ), sections 3, 3A and 4, subsections 8A (1) and (2), heading to section 10 and subsections 10 (1) and (2).

Renumbering-

In the next republication of the Evidence (Miscellaneous Provisions) Act 1991, the provisions of that Act must be renumbered as permitted under section 13 of the Legislation (Republication) Act 1996.".

MR STANHOPE (Leader of the Opposition) (11.11): I move the following amendment to Mr Humphries' proposed amendment No 3:

Proposed new amendment of Evidence (Closed-Circuit Television) Act 1991, proposed section 14, definition of Territory court , paragraph (d), omit the paragraph, substitute the following paragraph:

"(d) a tribunal of the Territory, other than the mental health tribunal; or".

I will take the same approach to the debate as the Attorney has. I will speak now to all my amendments to forestall the requirement to speak to each of them. The bill, as the Attorney has just explained, was introduced by him last year, and it proposed amendments to a range of legislation largely concerned with consumer affairs and fair trading. The Labor Party agreed to support the bill in its original format.


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