Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-09-23 Daily Xml

Contents

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

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (17:22): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Australian Crime Commission (South Australia) Act 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 co-operative 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.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Australian Crime Commission (South Australia) Act 2004

4—Amendment of section 18—Conduct of examination

This clause removes the words that were inserted as a related amendment by the Independent Commissioner Against Corruption Act 2012.

Debate adjourned on motion of Hon. J.M.A. Lensink.


At 17:23 the council adjourned until Wednesday 24 September 2014 at 14:15.