Senate debates
Thursday, 16 August 2007
Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007; Northern Territory National Emergency Response Bill 2007; Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007; Appropriation (Northern Territory National Emergency Response) Bill (No. 1) 2007-2008; Appropriation (Northern Territory National Emergency Response) Bill (No. 2) 2007-2008
In Committee
3:52 pm
Bob Brown (Tasmania, Australian Greens) Share this | Hansard source
There were a number of other matters that Senator Bartlett referred to which require an answer. While the minister is thinking about that, I would take him to clause 86, which says at subsection (2):
If the Secretary, on reasonable grounds, suspects that a person other than the wrongdoer—
the person being convicted of something—
can give information relevant to an application for a civil penalty order in relation to the contravention, whether or not such an application has been made, the Secretary may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.
Then subsection (5) says:
If a person fails to give assistance as required under subsection (2), the person commits an offence against this subsection.
Penalty: 30 penalty units.
So we have a situation where the secretary or somebody outside the court can penalise a person—not the wrongdoer but somebody who might have information—30 penalty units. I would ask the minister to justify that.
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