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Legislative Assembly for the ACT: 1998 Week 6 Hansard (1 September) . . Page.. 1638 ..

MR HUMPHRIES (continuing):

She did not say that she returned the documents without having a good look at them first, so the question is hypothetical in that respect. She did not say that. At least that is not my recollection.

I again reject the assertion that the documents were illegally obtained. I repeat to the house what occurred. The person who handed the document to me was legally entitled to its possession. It was handed to me voluntarily. There was no coercion or duress involved. It was handed to me voluntarily and - - -

Mr Kaine: That is what determines whether it was receiving stolen goods or not - whether it was done voluntarily or not?

MR SPEAKER: Order! Settle down.

Mr Berry: I am glad you are not representing me.

MR HUMPHRIES: Mr Speaker, I am not prepared to shout over those opposite, to be perfectly frank.

MR SPEAKER: I am just deciding whom I should warn. It is a rather difficult choice.

MR HUMPHRIES: Mr Speaker, as I have already explained to the house on several occasions, the document was not stolen by the person who gave it to me and it was not stolen by me. It was handed to me quite voluntarily by a person who had a legal right to possess it. Whether the person who handed it to me committed some offence against some Commonwealth legislation, I do not know. That is a matter for that person. I certainly find it hard to imagine that that constitutes theft. If members want to make that allegation, I would suggest they get a legal opinion on that subject. My advice at this stage is that no offence has been committed.

Mr Speaker, the second issue is the sheer hypocrisy of the raising of this question by the Opposition. We had the call from Mr Berry last week for me to table this document. If it is an illegal document, if it is a document that has been stolen, surely it should be returned to its owner. Why does Mr Berry want me to table a stolen document? Mr Wood wants me to return it to the people from whom it was supposedly stolen. I do not know who that would be. Presumably, if I return it to the person who gave it to me, I would be returning the stolen documents, would I not?

Mr Berry: No, you would return it to the department whence it came.

MR HUMPHRIES: But nobody took it from that department. Mr Berry says it should be returned to the department whence it came. You said you wanted it tabled, Mr Berry.

Mr Berry: Did you conspire with this person to get these documents? Whom did you conspire with?

MR HUMPHRIES: You wanted it tabled.

Mr Berry: Whom did you conspire with?

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