House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-06-18 Daily Xml

Contents

Australian Crime Commission (South Australia) (Examinations) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations) (12:09): Obtained leave and introduced a bill for an act to amend the Australian Crime Commission (South Australia) Act 2004. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations) (12:09): I move:

That this bill be now read a second time.

This bill amends the Australian Crime Commission (South Australia) Act of 2004. It will remove an amendment to the act that was consequential upon the enactment of the Independent Commissioner Against Corruption Act 2012 on 20 December 2012.

The examination provisions in schedule 2 of the ICAC Act were adopted from the examination provisions in the ACC Act. Section 18(6) of the ACC Act and clause 3(6) of schedule 2 of the ICAC Act are identical, save for the additional words in clause 3(6) that allow the examiner to ask a witness questions about any investigation.

An amendment was made to section 18(6) to give the same power to an examiner under the ACC Act. However, the amendment is not compatible with the cooperative scheme and to give effect to the amendment would require further changes to the ACC Act that were not contemplated. The ACC has requested that the amendment be removed so that the act is consistent with the commonwealth and states' acts. As there was never any intention to affect the national scheme, the amendment should be deleted so that consistency with the commonwealth and states' acts is maintained. I commend the bill to members.

Debate adjourned on motion of Mr Gardner.

Mr GARDNER: Mr Speaker, I draw your attention to the state of the house.

A quorum having been formed: