Legislative Council: Tuesday, September 10, 2024

Contents

Landscape South Australia Act

The Hon. B.R. HOOD (15:16): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding reasonable force.

Leave granted.

The Hon. B.R. HOOD: The Landscape South Australia Act 2019 enables an authorised officer to use reasonable force to break into or open any part of or anything in or on any place or vehicle but only if they are acting with the authority of a warrant issued by a magistrate. A report on the independent review of the act tabled in April recommends that authorised officers be given powers to seize, retain or act with force without the authority of a court warrant. As Naracoorte Lucindale Council Mayor Patrick Ross has suggested, this would give authorised officers stronger powers than that of ASIO officers when entering and seizing the property of suspected terrorists.

My question to the Attorney-General is: is the Attorney-General aware of this recommendation and, if so, what is his advice on the matter?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:17): I thank the honourable member for his question. The landscape act is committed to the Minister for Environment. I am happy to go away and find some answers in relation to any proposed changes in relation to that act. Of course, if we were asked for legal construction advice that would be legal advice and legal professional privileged, so it's not something that would ordinarily be shared, but I'm happy to go away and ask the Minister for Environment to see if there is something I can add in relation to any potential changes to legislation that comes under her purview.