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Legislative Assembly for the ACT: 2002 Week 3 Hansard (7 March) . . Page.. 742 ..

MR WOOD (Minister for Urban Services and Minister for the Arts) (5.24), in reply: Mr Speaker, I thank members for their support, and I note the comprehensive way in which this bill has been handled. It has had good scrutiny from all around, and I think that this has been a good process to follow through. I had a discussion with Mrs Cross, and we will have further discussions about particular issues to see if there are other avenues that might be followed.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Parliamentary privilege-examination of documents

MR WOOD (Minister for Urban Services and Minister for the Arts) (5.26): Mr Speaker, earlier in the afternoon, Mr Quinlan circulated a motion in relation to parliamentary privilege and the examination of documents. I ask for leave to move that motion.

Leave granted.

MR WOOD: I move the motion circulated in Mr Quinlan's name, which reads:

That:

  1. The disposition of the documents sealed and delivered to the Clerk of the Assembly on 6 March 2002 following the execution of search warrants in the Assembly building be determined in accordance with this resolution.

  2. The Officer of the Australian Federal Police who is the warrant holder or another officer of the Australian Federal Police nominated by the warrant holder and the Clerk of the Assembly or his nominee examine the documents and the warrant holder or his or her nominee shall identify those documents he or she believes is material subject to seizure under the warrant.

  3. The Clerk of the Assembly or another person nominated by the Speaker after consulting with Party Leaders shall examine the documents identified pursuant to paragraph 2 and shall determine whether any of the documents are immune from seizure under search warrant by virtue of parliamentary privilege, having regard to the Parliamentary Privileges Act 1987 in its application in the Territory, relevant court judgments relating to the interpretation and application of the Act, relevant precedents dealing with protection of documents of senators and members of the House of Representatives and such other matters as that person considers relevant.

  4. The person appointed under paragraph (3) shall divide the documents believed to be material subject to seizure under the warrant into two categories, those immune from seizure and those not immune from seizure, and seal them into two packages identified accordingly. Those documents that are immune from seizure are to be returned to Mr Humphries and those not immune from seizure are to be forwarded to the Australian Federal Police. The documents referred to in paragraph 2 that are not identified as material subject to seizure under the warrant shall be returned to Mr Humphries.

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