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Legislative Assembly for the ACT: 1999 Week 10 Hansard (12 October) . . Page.. 3023 ..

MR MOORE (continuing):

(d) open and inspect any package held by the person that the officer has reasonable grounds for believing to contain a thing connected with a tobacco sale or promotion offence;

(e) seize anything held by the person connected with a tobacco sale or promotion offence;

(f) ask the person for information, or ask the person questions, or both.

" '12LB. Consent to exercise of powers in public places

'(1) Before obtaining the consent of a person to exercise a power under section 12LA (Exercise of powers in public places), an authorised officer must-

(a) produce his or her identity card; and

(b) tell the person that he or she may refuse to give consent.

'(2) If an authorised officer obtains the person's consent, the officer must ask the person to sign a written acknowledgment of-

(a) the fact that the person has been told that he or she may refuse to give consent;

(b) the fact that the person has voluntarily given consent; and

(c) the date and time when the consent was given.

'(3) An exercise of a power by an authorised officer in reliance on the person's consent is not lawful unless the consent was voluntary.

'(4) If-

(a) it is material, in any proceeding, for a court to be satisfied that a person consented to the exercise of a power under section 12LA; and

(b) an acknowledgment under subsection (2) is not produced in evidence;

the court must assume, unless the contrary is proved, that the consent was not voluntary.

'12LC. Provision of information-claim of privilege

If an authorised officer asks a person to provide information, or to answer questions, under subparagraph 12L (f) (ii) or (iii), or paragraph 12LA (2) (f), the person is not required to do so in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege, or privilege against selfincrimination.".

These amendments are also about exercise of power and are part of recognising the report of the scrutiny of Bills committee. I know that Mr Stanhope has further amendments to move to ensure that we get an agreed position on what those powers should be. I indicate now that the Government will be accepting Mr Stanhope's further amendments to the powers, because we have come to an agreed position as to the right powers for our public health officers to exercise in regard to this legislation.

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Acknowledgement of Country

We acknowledge the Ngunnawal people as traditional custodians of the Canberra region. It is also an important meeting place for other Aboriginal peoples. We respect their continuing cultures and value the contribution they make to life in the ACT.