Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That:

(a)

the following bill be introduced: A Bill for an Act to amend the Australian Crime Commission Act 2002, and for related purposes, [Australian Crime Commission Amendment Bill 2007]; and

(b)

the provisions of paragraphs (5) to (8) of standing order 111 not apply to the bill allowing it to be considered during this period of sittings.

I table a statement of reasons justifying the need for this bill to be considered during this period of sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement of reasons read as follows—

Purpose of the Bill

The bill amends the Australian Crime Commission Act 2002 to clarify that an Australian Crime Commission (ACC) examiner can record their reasons for issuing a summons or notice to produce after the summons or notice has been issued. The bill also provides that summonses or notices issued in the past are not invalid where reasons were recorded subsequent to issue. Further, the bill also provides that a summons or notice will not be invalid merely because it fails to comply with technical requirements in the Act.

These aspects of the bill have been developed in response to findings made by Justice Smith of the Victorian Supreme Court in ACC v Brereton [2007] VSC 297, which was handed down on 23 August 2007. Justice Smith held that for a summons to be valid, reasons for issuing the summons must have been issued prior to the time it was actually issued.

The bill also makes minor amendments that would allow for a person to appear before, or produce documents to, an examiner who is not the same examiner who issued the summons or notice.

Reasons for Urgency

The findings of Justice Smith in ACC v Brereton have significant implications for current investigations/operations of the ACC, including matters that are currently before the courts. The bill ensures that summonses and notices that are being relied upon for current investigations/operations and prosecutions are not invalidated simply because reasons were issued after they were issued. If this is not addressed, it could call into jeopardy evidence taken in a substantial number of matters, including evidence being used in current prosecutions. It is important that this issue is resolved as soon as possible so that matters before the court are not unduly affected.

The decision also has significant operational implications for the ACC, particularly where summonses or notices need to be issued in urgent situations or where large numbers need to be issued simultaneously.