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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-09-18 Daily Xml
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Australian Crime Commission (South Australia) (Examinations) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 18 June 2014.)

Mr GARDNER (Morialta) (16:41): It is my pleasure to speak on the Australian Crime Commission (South Australia) (Examinations) Amendment Bill. In my fifth year here I think this is the first government bill on which I have had the opportunity to represent the opposition's point of view, apart from perhaps one where somebody might have been caught short.

Perhaps as the lead speaker I might relieve the Deputy Premier and some of the members by not using the full time that is potentially available to me. However, I cannot help but note that sometimes those who are crying about the amount of time taken to progress something should look to their own contributions, and curtailing and failing to waste time might assist themselves.

The bill at hand deletes six words from the Australian Crime Commission (South Australia) Act to essentially fix what was an unforeseen consequence of an amendment to that act contained within the Independent Commissioner Against Corruption Act 2012. As the minister's second reading speech describes 'the examination provisions in...the ICAC Act were adopted from the examination provisions in the ACC Act.' 'Those provisions describe that counsel assisting the examiner, any person authorised by the examiner, or any legal practitioner representing a person at the examination may—and I quote from the Australian Crime Commission (South Australia) Act 18(6)—'examine or cross-examine any witness on any matter that the examiner considers relevant to the ACC operation/investigation.'

In the ICAC Act the words 'or any other investigation' were added after the equivalent relevant section in order to increase the flexibility in what the examiner may ask about. Essentially, it was suggested that, if it was suitable for the ICAC Act, then it might as well be suitable for the ACC Act, and so schedule 3, part 2 of the ICAC Act added a similar provision, namely, 'or any other ACC operation/investigation' to section 18(6) of the ACC (South Australia) Act.

In November 2013, the Australian Crime Commission wrote to the government to request that this extra provision be removed as it is inconsistent with the act of the commonwealth and the act in other states. I thank the Deputy Premier for providing me with a copy of that correspondence and, for the record, it is worth identifying those concerns that the Australian Crime Commission had with the act in question. It sets them out in five parts, and I quote:

(a) section 17 of the ACC (SA) Act 2004 only authorises an examiner to conduct an examination for the purposes of a special ACC operation/investigation;

(b) when an examiner is deciding whether to issue a summons to a person under section 19(1) of the ACC (SA) Act 2004, the terms of the authorisation and determination for the special ACC operation/investigation under which the summons is to be issued, and the relationship between those terms and the facts and circumstances relating to the proposed witness, are circumstances he or she must take into account under section 19(2) of the ACC (SA) Act 2004;

(c) if the witness can give evidence relevant to more than one special ACC operation/investigation, the examiner may issue a single summons under all relevant special ACC operations/investigations;

(d) as far as is consistent with the operational security requirements, and without confining the examiner's capability to follow unexpectedly leads within the proper scope of the examination, the witness should be entitled to know in general terms what he or she will be questioned about and it is the purpose of section 19(3) and (4) to achieve that outcome; and

(e) if the insertion is proclaimed it will deviate from the wording in the equivalent provision in the Australian Crime Commission Act 2002 (Cth).

The point we have reached here is that on 20 December this year two years will have passed since the ICAC Act was passed through this parliament. The fact that the government has not chosen to recommend the proclamation of this aspect of the act will cease to be of any event, because two years in things become proclaimed automatically.

So, the government has until 20 December to progress this bill through the parliament. It will please the government to note that the opposition is supporting it in this endeavour, and that is why we wanted to get it through this afternoon, to give the Legislative Council as much time as it needs to pass this bill before the end of the year, so that the cooperative national scheme and the Australian Crime Commission which is, on behalf of the federal government, expressing these concerns need not be concerned anymore.

In order to prevent inconsistency in the national scheme the bill therefore has the support of the opposition. It is entirely possible, unless the minister says something in his summation that might provoke further interest, that we might not even need to go into committee, but this rests on the shoulders of the Attorney-General and his behaviour, I suggest at this point, and I look further to further contributions, perhaps by the excellent member for Hartley.

Mr TARZIA (Hartley) (16:47): I speak in favour of the bill and commend the member for Morialta for instigating it. It is a brief but effective amendment and requires a brief but effective submission, since brevity is, after all, the soul of wit.

As we have heard, the bill deletes six words from the ACC (South Australia) Act 2004 to basically fix what was, as we have heard, an unforseen consequence of one of the changes to the act, which was contained within the Independent Commission Against Corruption Act 2012.

It is an important bill because it does amend the inconsistencies with that act, and I will be the first to support (no matter who instigates such a submission—whichever party) common-sense submissions like this. I will be the first to support legislation like this, because it is very important. It is important for the integrity of the important agencies involved that there be no ambiguity as to their functions on examination, because there are large things at stake here with regard to these bodies.

The ICAC and the Australian Crime Commission are two very important inquisitorial bodies, and it is important that the ACC be equipped with wideranging examination powers. Serious criminals are brought before the ACC, and it is extremely important that the consistency of the act not be compromised by anything such as the words of section 18(6). I support the amendment and commend the tireless member for Morialta for instigating it, and I commend the bill to the house.

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (16:48): I rise to speak on this bill to note and thank the member for Morialta's forensic assessment of the merits of this bill and his succinct contribution outlining the opposition's support of the same, aided and abetted by the very able member for Hartley, and I support the bill.

The DEPUTY SPEAKER: Hang on, that was only 20 seconds—I want that noted. Attorney.

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) (16:49): Madam Deputy Speaker, I have been in this place for a while, and I would like to say to those members who have been here less time than me that we have witnessed an historic moment.

The DEPUTY SPEAKER: We have indeed.

The Hon. J.R. RAU: Particularly the very last moment.

Mr Gardner: John, committee awaits.

The Hon. J.R. RAU: Yes. Can I say first of all to the member for Morialta: there are many people who have been ministers for years, let alone shadow ministers for years, who could not have done as competently as the member for Morialta did. Excellent. The member for Morialta, having been here for a while and having studied things and being an acute person, has realised that getting to the point, saying what you have to say and sitting down, is overwhelmingly devastating—because that is what people are interested in. Member for Morialta, congratulations on your foray into the legislative thing, you have done a great job.

Secondly, member for Hartley, you have contributed to a few of these things, and can I say again, as you promised, brevity is the soul of wit and you delivered. Well done. Can I congratulate you both for having such a salutary and calming effect on the member for Bragg who, but for your presence, would no doubt have been entertaining us for another hour or two about chickens and things. She is actually finding your example a leadership example for her. She is saying to herself, 'My goodness, these younger members have actually tumbled onto something that I have not worked out in all the time I have been here,' which is, if you just say what you have got to say and sit down it's really good. So congratulations to all of you, and to both the member for Morialta—

Mr Gardner: If only we had the same effect on you, sir.

The Hon. J.R. RAU: No, but you are, I am congratulating you. I am not provoking you, I am congratulating you.

Mr Gardner: At great length.

The Hon. J.R. RAU: Not at great length, it is only a minute. Can I say in relation to you two gentlemen that anything you can continue to do by way of the calming and soothing effect, the balming sort of effect, you obviously have on the member for Bragg, all of us on this side would greatly appreciate it, and I would encourage you to exercise that marvellous thing. It is an important piece of work and I am pleased that everyone acknowledges it. It is simple, it is small, but if we do not do it we would look ridiculous.

Bill read a second time.

Third 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) (16:52): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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