<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2008-02-14" />
  <sessionName>Fifty-First Parliament, Second Session (51-2)</sessionName>
  <parliamentNum>51</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="2081" />
  <endPage num="2144" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Statutes Amendment (Proceeds of Terrorism) Bill</name>
      <text id="200802148db4434793ce4f28a0000057">
        <heading>STATUTES AMENDMENT (PROCEEDS OF TERRORISM) BILL</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="200802148db4434793ce4f28a0000058">
          <heading>Second Reading</heading>
        </text>
        <text id="200802148db4434793ce4f28a0000059">Adjourned debate on second reading.</text>
        <text id="200802148db4434793ce4f28a0000060">(Continued from 7 June 2007. Page 374.)</text>
        <talker role="member" id="531" kind="speech">
          <name>The Hon. M.J. ATKINSON</name>
          <house>House of Assembly</house>
          <electorate id="">Croydon</electorate>
          <portfolios>
            <portfolio id="">
              <name>Attorney-General</name>
            </portfolio>
            <portfolio id="">
              <name>Minister for Justice</name>
            </portfolio>
            <portfolio id="">
              <name>Minister for Multicultural Affairs</name>
            </portfolio>
          </portfolios>
          <startTime time="2008-02-14T11:00:00" />
          <text id="200802148db4434793ce4f28a0000061">
            <timeStamp time="2008-02-14T11:00:00" />
            <by role="member" id="531">The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs) (11:00):</by>  I would have thought that it was incumbent on the Leader of the Opposition to discharge this bill, now that it no longer has any relevance.</text>
        </talker>
        <talker role="member" id="549" kind="speech">
          <name>Mr VENNING</name>
          <house>House of Assembly</house>
          <electorate id="">Schubert</electorate>
          <startTime time="2008-02-14T11:00:00" />
          <text id="200802148db4434793ce4f28a0000062">
            <timeStamp time="2008-02-14T11:00:00" />
            <by role="member" id="549">Mr VENNING (Schubert) (11:00):</by>  While I await my leader's return, I think that we are agreeing with the Attorney-General on this matter. The leader first raised this issue in the house some time ago, and I am very pleased that the government has, I believe, instituted its own legislation and that it almost mirrors exactly what the leader had moved.</text>
          <text id="200802148db4434793ce4f28a0000063">It is a very important issue to us and, of course, it is a very relevant issue, particularly in the light of what has happened in recent days. I congratulate the leader on having the foresight to introduce this measure when it was not quite so relevant. I agree that we probably will withdraw it, but I think that is the right of the mover, that is, the leader.</text>
          <text id="200802148db4434793ce4f28a0000064">Mr Speaker, I draw your attention to the state of the house.</text>
          <text id="200802148db4434793ce4f28a0000065">
            <term>A quorum having been formed:</term>
          </text>
        </talker>
        <talker role="member" id="631" kind="speech">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <electorate id="">Waite</electorate>
          <portfolios>
            <portfolio id="">
              <name>Leader of the Opposition</name>
            </portfolio>
          </portfolios>
          <startTime time="2008-02-14T11:02:00" />
          <text id="200802148db4434793ce4f28a0000066">
            <timeStamp time="2008-02-14T11:02:00" />
            <by role="member" id="631">Mr HAMILTON-SMITH (Waite—Leader of the Opposition) (11:02):</by>  I thank the government for its kind words of support for this measure. I say that because the government has given it the best support such a bill could ever have.</text>
        </talker>
        <talker role="member" id="627">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000067">
            <by role="member" id="627">The SPEAKER:  </by>Can I clarify with the leader that, if he speaks, he closes the debate.</text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000068">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  Yes; I am closing the debate. The government has imitated the measure, introduced its own bill and brought it to pass. I remind the house that I raised the question of what was to happen—</text>
        </talker>
        <talker role="member" id="538">
          <name>Mrs GERAGHTY</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000069">
            <by role="member" id="538">Mrs GERAGHTY:</by>  On a point of order, Mr Speaker, I am a bit confused. I was of the understanding that the leader would ask for this to be discharged and withdrawn. Is that not the case? That was the agreement.</text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <page num="2086" />
          <text id="200802148db4434793ce4f28a0000070">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  I am happy to close the debate and have it defeated or voted upon. You are opposing it, aren't you?</text>
        </talker>
        <talker role="member" id="538" kind="interjection">
          <name>Mrs Geraghty</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000071">
            <by role="member" id="538">Mrs Geraghty:</by>  No; that was not—</text>
        </talker>
        <talker role="member" id="627">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000072">
            <by role="member" id="627">The SPEAKER:  </by>Order! The leader has begun speaking. I have already indicated to the house that, by speaking, he closes the debate, so we must now proceed along that course of action.</text>
        </talker>
        <talker role="member" id="538">
          <name>Mrs GERAGHTY</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000073">
            <by role="member" id="538">Mrs GERAGHTY:</by>  Can I put on the record that we have been misled by the opposition.</text>
        </talker>
        <talker role="member" id="627">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000074">
            <by role="member" id="627">The SPEAKER:  </by>No; you cannot. The Leader of the Opposition has the call.</text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000075">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  To clarify the issue, I am happy to have this matter dealt with today and removed from the <term>Notice Paper</term> because, as I have explained—</text>
        </talker>
        <talker role="member" id="531" kind="interjection">
          <name>The Hon. M.J. Atkinson</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000076">
            <by role="member" id="531">The Hon. M.J. Atkinson:</by>  Discharge it.</text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000077">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  I may do that at the end of my address, but I do not think that I can, now that I am closing the debate. I have to close it, and then we vote on it; is that right?</text>
        </talker>
        <talker role="member" id="627">
          <name>The Speaker</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000078">
            <by role="member" id="627">The SPEAKER:  </by>Yes.</text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000079">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  Either way, we are going to deal with it today, so let us all just remain calm. The point is that, in bringing this bill before the house, the question I was putting was: should we allow Mr Hicks to tell his story and profit from it? I do not believe that we should.</text>
          <text id="200802148db4434793ce4f28a0000080">At the time I introduced the bill, the government had not even identified that there was a problem, and it had done nothing to deal with it. The proposition put in my bill—and I think this is where it differs slightly from the inferior bill that the government put forward, which was ultimately passed—is that you can not really stop, in my view—</text>
          <text id="200802148db4434793ce4f28a0000081">
            <event kind="interjection" role="member" id="1">The Hon. M.J. Atkinson interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="631">
          <name>Mr HAMILTON-SMITH</name>
          <house>House of Assembly</house>
          <text id="200802148db4434793ce4f28a0000082">
            <by role="member" id="631">Mr HAMILTON-SMITH:</by>  Well, I am about to tell you, if you will listen. We cannot really stop Mr Hicks, his agents or his family, one way or the other, from telling their story. I think this story will be told either directly or through agents. As the Attorney will know, the media can be very pervasive and persistent when it comes to getting a story out. The key to me seems to be to ensure that any proceeds from the story go to victims of crime and terrorism. Therefore, I, personally, would be happy to see Mr Hicks tell his story, provided that all the proceeds went to help the people who were victims of him and his associates in Al Qaeda.</text>
          <text id="200802148db4434793ce4f28a0000083">By bringing the matter before the house, I clearly sparked the government into action, and it quite rightly—and I give the government credit—saw that this needed to be done, emulated the bill, went to parliamentary counsel and got them to copy a version with its name on the bottom, made one or two changes and introduced it to the house. Either way, what we finished up with is a better law. I note that the government extended its law to include some other issues, and I also commend it for that. I think I spoke to the bill in the house at the time.</text>
          <text id="200802148db4434793ce4f28a0000084">We now have a better set of legal arrangements in South Australia to deal with these issues. I am glad to have helped initiate that process, and I commend the government for seeing the merit in the issue, for taking our lead and emulating our proposed legislation, and doing something about it in a spirit of bipartisanship. I am thankful to know that the Attorney saw merit in the proposition. I am happy to have a vote on it now and remove it from the <term>Notice Paper</term> so that we can all move forward. The issue that I have raised has been dealt with and we are all safer and better for it.</text>
          <text id="200802148db4434793ce4f28a0000085">Second reading negatived.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>