Page 1291 - Week 05 - Tuesday, 5 May 2015
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
There is a range of amendments to the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995. They are consequential to amendments being made to commonwealth law, with commencement provisions designed to coincide with the commencement of the commonwealth amendments. They relate to the streamlining of classification processes through approved online automated classification tools, revocations, conditional cultural exemptions in the commonwealth act and modifications—for example, releasing material in 3D format that previously was only available in 2D. It also empowers the commonwealth Attorney-General to notify law enforcement agencies of potential refused classification material or, in other words, pre-classification material, so that it can be removed before distribution.
The Commercial Arbitration Act 1986 is amended to include the ACAT in the definition of “court”. This is to stop a party to an arbitration agreement starting proceedings in the ACAT for matters in the agreement that are agreed should proceed to arbitration.
The most significant amendments made in this bill are to the Coroners Act 1997. These amendments address problems encountered in the Coroners Court when witnesses refuse to give evidence on the grounds that they might incriminate themselves. There have been several cases in the past few years where this has been a problem. Indeed, towards the end of the last Assembly, Madam Speaker, when she was the shadow attorney-general, was aware of at least two cases in which witnesses refused to give evidence in coronial inquiries on the grounds of self-incrimination. The then shadow attorney-general made some preliminary inquiries about the drafting of legislative amendments, but it was near the end of the term and impractical to do so. I am aware that Madam Speaker has been in touch with one of the families that first raised these issues with her back in 2012. They have considered the amendments proposed in this bill and obtained the view of their legal counsel and they are satisfied that these amendments achieve what was necessary to achieve.
The Canberra Liberals agree and are pleased to see these reforms to the law. In saying so, however, once again I say to the Attorney-General that we want to see significant areas of law change dealt with separately and not in omnibus bills such as this one. Whilst these amendments are not controversial, they are not minor. They have far-reaching implications and should have been brought forward in a dedicated bill.
The amendments to the Court Procedures Act 2004 provide that ACAT security officers can require a person to undergo a search in accordance with written policy made by the ACAT general president. This is a sensible amendment and brings ACAT security standards into line with those standing in the Supreme and Magistrates courts.
A minor amendment to the Electoral Act 1992 allows the Electoral Commissioner to publish gifts and loans returns, electorate expenditure returns and annual returns by 7 September each year instead of the current 1 September. This gives the commissioner a more reasonable time to comply because the deadline for lodgement is now 31 August. Importantly, the amendment ensures the information will be available some six or seven weeks before polling day in election years.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video