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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1886 ..

MS TUCKER (continuing):

a bag be left with them, or that the person leave the premises if they reasonably suspect that the bag contains a weapon or explosive, et cetera.

I assume that there is nothing to stop the security guards requesting that someone open their bag if the screening device beeps, but they will not have the authority to require someone to do so. We would not have a problem of excessive intrusion if we had conveyor belts of the type found at airports and Parliament House to screen possessions. However, the government has said that they do not plan to have a permanent security presence at the courts-that that would cost money. So presumably we are only talking about hand-held screening devices. On the whole, this question has not been well thought out.

Without this subclause, there is no middle ground. There is no legal way for a security officer to open and check a bag that it is believed may contain an explosive device. While opening the bag is an intrusion, it is firstly a less confronting option than the choice of leaving your bag or leaving the court; and, secondly, in the absence of the conveyor belt screening system, it will ensure that bags are checked.

MR STANHOPE (Leader of the Opposition) (4.34): I indicate, Mr Temporary Deputy Speaker, that the Labor Party has exactly the same attitude as Ms Tucker and the Greens to this provision. We understand Mr Rugendyke's motivation but we have the same view of the matter and the issue as do the Greens.

MR STEFANIAK (Minister for Education and Attorney-General) (4.35): I have heard what members have had to say. In line with the comments made by Ms Tucker and Mr Stanhope, it is probably on balance preferable to leave the subclause as it stands. I think that is a quite reasonable position.

Amendment negatived.

Subclause 9 (1), as amended, agreed to.

Subclause 9 (2).

MR TEMPORARY DEPUTY SPEAKER: Mr Stefaniak, do you wish to move your amendment No 4?

MR STEFANIAK (Minister for Education and Attorney-General) (4.38): Mr Temporary Deputy Speaker, the Assembly has just voted to take the words "frisk search" out of clause 9 (1) (a). There is a reference to frisk search in clause 9 (2) and it would be logical to knock those words out of that clause as well. That is what Mr Rugendyke intended should happen, and he has the support of a majority of members.

Mr Temporary Deputy Speaker, my amendment No 4 to Mr Rugendyke's proposed amendment reads:

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