Bruce Billson (Dunkley, Liberal Party, Minister Assisting the Minister for Defence) Share this | Link to this | Hansard source

by leave—I move government amendments (1) and (2):

(1)    Schedule 3, item 8, page 32 (after line 17), at the end of subsection 146A(1) (before the note), add:

Note 1:  The summary authority must comply with the rules of natural justice and other basic principles of the rules of evidence.

(2)    Schedule 3, item 8, page 32 (line 18), omit “Note:”, substitute “Note 2:”.

These amendments strengthen the evidentiary protections available to an accused person in a summary trial, as reflected in the proposed evidence provisions in new section 146A of the bill. Amendment (1) will insert note 1 to section 146A to state that a summary authority must comply with the rules of natural justice and any other basic principles of the rules of evidence in proceedings before a summary authority. This amendment will further reinforce the application of the principles of the rules of evidence in summary proceedings. Amendment (2) changes the existing note to section 146A to note 2 to reflect the proposed amendment. I commend these amendments to the Committee.

Question agreed to.

Bill, as amended, agreed to.

Ordered that the bill be reported to the House with amendments.