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Legislative Assembly for the ACT: 2008 Week 10 Hansard (28 August) . . Page.. 3962..


MR BARR (continuing):

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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