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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-22 Daily Xml
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Ministerial Statement

CRIMINAL LAW (UNDERCOVER OPERATIONS) ACT 1995

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (16:28): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: In April 1995, after the High Court decided an appeal called Ridgway v The Queen in favour of the accused, the parliament passed the Criminal Law (Undercover Operations) Act 1995 with the support of all sides of politics. The object of the legislation was to place the law of police undercover operations on a legislative footing and to ensure certainty in the law. The High Court ruling on entrapment by police of drug dealers and other criminals had created uncertainty for the police and the courts.

As honourable members may be aware, one of the safeguards that was built into the legislation which significantly extended police powers was that there should be notification of authorised undercover operations to the Attorney-General and an annual report to the parliament. I am pleased to assure the house that the system is meticulously adhered to both by police and my office. The details of these notifications form the basis of the report that the statute requires me to give to parliament. I now table that report.

I am in a position to assure honourable members that the legislation is working as it was intended and that no difficulties have appeared in its effective operation. The law in this area appears to be well settled now. There have been no judicial decisions of interest on the subject in the past 12 months.

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