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Legislative Assembly for the ACT: 2003 Week 3 Hansard (12 March) . . Page.. 948 ..

MR STEFANIAK (continuing):

what I read to be the Attorney's amendment here. The Attorney agrees with that. I think that is quite clear.

I would like to make this clear: I believe Ms Dundas is right to be concerned about someone perhaps going off and taking an action-which, theoretically, certainly could be done-and then this defence would kick in. Maybe it is a slightly funny way of doing it. I tend to agree that what I had there might have been a bit better. However, at the end of the day, this is not an uncommon way of framing laws. Quite often there are defences to certain actions in statutes.

Mr Stanhope: That is what the Inquiries Act does.

MR STEFANIAK: You are quite right.

Mr Stanhope: The Inquiries Act does the same-it creates a defence.

MR STEFANIAK: The Inquiries Act does the same. Indeed a number of Acts do exactly the same as what is done here. It is quite a common form in the way people draft statutes. I am comfortable with that. I believe anyone who gives information to the inquiry can be comfortable that they are protected. Any lawyer who would contemplate advising a client to go to court would be absolutely crazy. He or she would be ill-advising his or her client and should know a lot better. This is pretty basic. We discussed this again at length on Friday.

I wanted to make those points clear so no-one is in any doubt as to people's rights and obligations under this legislation.

Amendment agreed to.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (3.57): I move amendment No 3 circulated in my name [see schedule 1 at page 993]. As Mr Stefaniak indicated, Mr Speaker, the third amendment is a technical consequential amendment replacing the term "person"in paragraph 4 with "defendant", in keeping with the defences established by the second amendment.

Amendment agreed to.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (3.58): I move amendment No 4 circulated in my name [see schedule 1 at page 993]. Once again, this is a consequential amendment. The fourth amendment will insert a definition of "defamation"in clause 4 of the bill. The amendment is necessary for the functioning of the earlier amendments.

Amendment agreed to.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (3.58): I move amendment No 5 circulated in my name [see schedule 1 at page 994]. Mr Speaker, the fifth amendment will insert a definition

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