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.
That the bill, as a whole, as amended, be agreed to.
The Assembly voted—
Question so resolved in the affirmative.
Bill, as amended, agreed to.
MR STEFANIAK(Ginninderra): I seek leave to make a valedictory speech, Mr Speaker.
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.