Page 1584 - Week 05 - Thursday, 11 May 2006

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Clause 18.

MR STEFANIAK (Ginninderra) (4.38): I seek leave to move amendments Nos 11 and 12 circulated in my name together.

Leave granted.

MR STEFANIAK: I move amendments Nos 11 and 12 circulated in my name together [see schedule 1 at page 1665].

Just as the previous two amendments related to matters we have already voted on, we have had this argument. These amendments relate to the threshold questions in relation to the standards that have to be satisfied before a person is detained. Amendment No 11 would omit clause 18 (4) (b), (c) and (d) and substitute new paragraphs (b) and (c). This would effectively include the standards from the New South Wales act and legislation of the other states and territories and the commonwealth.

Amendment No 12 would omit clause 18 (6) (c), which provides that the Supreme Court must be satisfied, on reasonable grounds, that detaining the person under the order is the only effective way of preserving the evidence. It is similar to an amendment that was debated and defeated earlier. The two amendments effectively are the same as amendments we debated earlier.

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for Planning) (4.39): Again, the government will not be supporting these amendments. As Mr Stefaniak indicates, they are associated with amendments that we dealt with before lunch in relation to a threshold test for the seeking of a PDO and issues to do with seeking a PDO for the purposes of protecting evidence following a potential terrorist attack.

Amendments negatived.

Clause 18 agreed to.

Clauses 19 and 20, by leave, taken together and agreed to.

Clause 21.

MR STEFANIAK (Ginninderra) (4.41): I move amendment No 13 circulated in my name [see schedule 1 at page 1665].

Clause 21 deals with preventative detention orders—contents, et cetera. It states:

(1) A preventative detention order (including an interim order) for a person is an order that the person may be taken into custody and detained, or detained, during a period that—(a) starts when the order has effect under section 22 (1); and (b) ends at the time (the end time) stated in the order.

(2) The end time for an interim order must be no later than 24 hours after the person is first detained under the order.


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