Page 4559 - Week 15 - Tuesday, 14 December 1993

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NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS)
(AMENDMENT) BILL 1993

Debate resumed from 25 November 1993, on motion by Mr Connolly:

That this Bill be agreed to in principle.

MR HUMPHRIES (8.01): Mr Deputy Speaker, the Opposition will be supporting the Bill before the Assembly tonight. The National Crime Authority is a body with which members will have at least some passing familiarity. It is necessary for the fight against crime, particularly crime of a national kind - that is, crime which operates not just in a single jurisdiction but, in particular manifestations, across several jurisdictions and which needs to be fought at a national level. The National Crime Authority has been the response of State, Federal and Territory governments to that problem.

This Bill is part of a national arrangement. I understand that this Bill's provisions will be reflected in legislation in every other jurisdiction in Australia. This Bill will provide for the extension of the powers available to members of the Authority, and members of the judiciary, in certain circumstances. The powers, essentially, to summarise them, are powers to ensure that persons who receive summonses or notices to provide information to the Authority will be required to provide for a level of confidentiality in the information that they are to provide, lest certain persons who are being investigated be alerted to the fact of the investigation, thereby possibly circumventing or short-circuiting that investigation proceeding. Obviously, a certain degree of secrecy is required, and that is apparent from the face of the case that is made on this document. I think that we can support it, Mr Deputy Speaker.

I note that a judge is able, by virtue of proposed new amendments to section 19 of the Act, to issue a warrant for the arrest of a person where that person has committed an offence under subsection 19(1) or is likely to do so. Members will recall that there has been debate in this chamber about the likelihood of the commission of crimes in other circumstances. I might point out that this is where a judge considers that there is likely to be a breach of a provision. I think that we on this side of the chamber are very comfortable with that kind of provision in the hands of a judge. Mr Deputy Speaker, I understand that the Attorney proposes to correct, through a Clerk's amendment, a minor matter raised by the Scrutiny of Bills Committee. With that done, this Bill will have the support of this side of the chamber.

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (8.04), in reply: I thank the Opposition for their support for this proposal, which, as Mr Humphries set out, essentially corrects an anomaly whereby people who were under notice of the NCA, and that usually involves fairly major matters, were getting advance notice of the NCA's interest through being notified of requests for documents. All States and Territories, I understand, will be passing similar amendments so that the NCA retains its national focus.


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