Page 1587 - Week 05 - Thursday, 11 May 2006
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after a person is first taken into custody and detained, or detained under a preventative detention order.
The 14-day time limit in clause 21 (3) (a) is directed to any orders in relation to the same terrorist act, whether or not they are made on the same basis. This is to prevent a terrorist act or to preserve evidence of a terrorist act. This may limit the making of orders to preserve evidence where an earlier order was made to prevent the relevant terrorist act or the making of orders to prevent the same terrorist act occurring in a different period.
The intention behind the prohibitions on multiple orders in clause 12 is that successive orders may be made in relation to the same terrorist act provided they relate to different periods or different purposes. The purpose of this amendment is to clarify that the 14-day time limit only applies to orders for the same terrorist act that are made on the same basis. This amendment is in response to issues raised in the scrutiny of bills committee report.
MR STEFANIAK (Ginninderra) (4.50): This also relates to something that has been done in the past and I see the rationale behind it. Again, how it is going to pan out in practice will be interesting if indeed it is ever used. He is right; it clarifies the 14-day time limit, applying only to orders for the same terrorist act, which seems to be the thrust behind the legislation. It was, of course, pointed out in the scrutiny report that that may not be clear. I can see the logic behind it and we do not have a particular problem as far as it goes.
Amendment agreed to.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for Planning) (4.51): I move amendment No 4 circulated in my name [see schedule 2 at page 1666]. Division 2.11 deals with contact provisions under preventative detention orders. Clause 50 provides for contact with family members. Currently clause 50 (4) provides:
The detained person is also entitled to have the further contact with the person’s family or anyone else that is allowed under the preventative detention order.
The clause makes it clear that the court may allow a detainee to have additional contact rights to those expressly provided for under the legislation. One area that is specifically covered relates to contact with the detainee’s children. However, the court will be able to create other contact entitlements in the order, consistent with the ordinary powers of the court to control its own orders. However, clause 21 does not specify that the court may include additional contact rights, even though it may grant such rights under clause 50 (4).
In response to a query raised by the scrutiny of bills committee, this amendment simply clarifies that a court may state in the order any additional contact rights it grants under clause 50 (4). The amendment does not change the rights that may be conferred by the court but creates consistency in the drafting of the legislation. I commend the amendment to the Assembly.
Amendment agreed to.
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