Page 3962 - Week 10 - Thursday, 28 August 2008
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This amendment is in response to the scrutiny of bills comments on division 6.2 of the bill. This division enables the chief executive to require a person to answer questions or produce documents. The provisions are designed to apply in circumstances where the protection of a worker or public safety is so paramount that people can be compelled to answer questions or produce documents even if doing so incriminates that person for a criminal offence or exposes them to civil liability.
To compensate for the removal of the common law privilege against self-incrimination, a derivative use immunity has been included in the provisions. This means that where a person is compelled to incriminate themselves any information derived directly or indirectly from the questioning cannot be used against them in a proceeding. However, the immunity is stated as not to extend to proceedings for an offence against part 6 of the bill or part 3.4 of the Criminal Code.
The scrutiny of bills committee correctly pointed out that there were a number of offences in part 6 that do not relate to any falsity in statement made by a person under compulsory examination. This amendment replaces the reference to part 6 of the bill with a reference to the offences in sections 121 and 122, so that only those relevant offences are excluded from the immunity. I thank the committee for raising this error.
Amendment agreed to.
Question put:
That the bill, as a whole, as amended, be agreed to.
The Assembly voted—
|
Ayes 9 |
Noes 8 | ||
|
Mr Barr |
Mr Hargreaves |
Mrs Burke |
Mr Seselja |
|
Mr Berry |
Ms MacDonald |
Mrs Dunne |
Mr Smyth |
|
Mr Corbell |
Ms Porter |
Dr Foskey |
Mr Stefaniak |
|
Ms Gallagher |
Mr Stanhope |
Mr Mulcahy | |
|
Mr Gentleman |
Mr Pratt | ||
Question so resolved in the affirmative.
Bill, as amended, agreed to.
Valedictory
MR STEFANIAK (Ginninderra): I seek leave to make a valedictory speech, Mr Speaker.
Leave granted.
MR STEFANIAK: Mr Speaker, you and I are the only members from the First Assembly. When we first came to the Assembly, it was a novel experiment.
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