Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

by leave—I move opposition amendments (1) to (30) and (32) and (33) on sheet 1762 together.

(1) Clause 4, page 3 (lines 18 and 19), omit ", or that could adversely affect,".

(2) Clause 7, page 10 (lines 24 to 27), omit the definition of official of a registered industrial organisation.

(3) Clause 8, page 15 (line 6), omit "or that could adversely affect,".

(4) Clause 9, page 17 (line 25), omit "conduct; or", substitute "conduct.".

(5) Clause 9, page 17 (line 26), omit paragraph (1)(c).

(6) Clause 12, page 25 (table item 2, column headed "Individual"), omit "(other than an official of a registered industrial organisation)".

(7) Clause 14, page 28 (lines 2 and 3), omit "(other than an official of a registered industrial organisation)".

(8) Page 47 (after line 10), at the end of Division 3, add:

39A Offence — vexatious referrals

A person commits an offence if:

(a) the person refers a corruption issue to the Commissioner; and

(b) the Commissioner does not reasonably suspect that the conduct to which the issue relates has been, or is being, engaged in; and

(c) there is no basis on which a reasonable person could suspect that the conduct to which the issue relates has been, or is being, engaged in; and

(d) the referral is made with the intention of causing a detriment to another person.

Penalty: Imprisonment for 12 months.

39B Offence — disclosure of referrals

A person commits an offence if:

(a) a corruption issue is referred to the Commissioner; and

(b) the person discloses to the public that the corruption issue has been referred to the Commissioner; and

(c) the disclosure is not authorised by or under this Act.

Penalty: Imprisonment for 12 months.

(9) Clause 40, page 48 (after line 6), after subclause (1), insert:

(1A) However, if the corruption issue could, in the Commissioner's opinion, involve corrupt conduct that occurred before the commencement of section 8, the Commissioner may deal with the corruption issue only if the Commissioner is satisfied that it is in the public interest to do so.

(10) Clause 45, page 52 (line 20), omit "is satisfied", substitute "and a Deputy Commissioner are satisfied".

(11) Clause 45, page 52 (line 21), after "Commissioner", insert "and a Deputy Commissioner".

(12) Clause 45, page 52 (line 27), omit "and the Commissioner considers", substitute "and the Deputy Commissioner and the Commissioner and the Deputy Commissioner consider".

(13) Clause 45, page 53 (line 9), after "Commissioner", insert "and a Deputy Commissioner".

(14) Clause 73, page 70 (line 18), omit all the words from and including "decides" to the end of subclause (1), substitute "and a Deputy Commissioner decide that the hearing, or part of the hearing, is to be held in public".

(15) Clause 73, page 70 (lines 20 and 21), omit all the words from and including "may decide" to and including "Commissioner is", substitute "and a Deputy Commissioner may decide that a hearing, or part of a hearing, is to be held in public if the Commissioner and the Deputy Commissioner are".

(16) Clause 73, page 70 (lines 25 and 26), omit all the words from and including "to hold" to and including "the Commissioner", substitute "a hearing, or part of a hearing, is to be held in public, the Commissioner and a Deputy Commissioner".

(17) Clause 73, page 70 (line 26), omit "may", substitute "must".

(18) Clause 73, page 71 (line 14), after "Commissioner", insert "and a Deputy Commissioner".

(19) Clause 81, page 75 (line 7), before "A person", insert "(1)".

(20) Clause 81, page 75 (after line 17), at the end of the clause, add:

(2) Subparagraph (1)(b)(ii) does not apply if the person was not given a reasonable opportunity to answer the question.

(21) Clause 82, page 76 (lines 1 to 4), omit paragraph (b).

(22) Clause 95, page 85 (lines 9 and 10), omit subclause (2), substitute:

(2) The notation:

(a) must permit disclosure of information to:

(i) the spouse of the recipient of the notice to produce or private hearings summons (unless the spouse is a subject of the corruption investigation in relation to which the notice or summons is given); and

(ii) any mental health professional who is providing mental health care to the recipient of the notice to produce or private hearings summons; and

(b) may permit disclosure of information in other specified circumstances.

(23) Clause 98, page 88 (line 11 to 17), omit paragraph (3)(e), substitute:

(e) by a legal practitioner for the purpose of giving legal advice to, or making representations on behalf of, the person on whom the notice or summons was served; or

(24) Clause 113, page 102 (lines 3 to 6), omit subclause (1), substitute:

(1) If:

(a) a person is required, by a notice to produce or at a hearing, to give an answer or information, or to produce a document or thing; and

(b) all other coercive powers available to the Commissioner to obtain the information, document or thing have been exhausted;

the person is not excused from giving the answer or information, or producing the document or thing, on the ground that doing so would tend to incriminate the person or expose the person to a penalty.

(25) Clause 113, page 102 (lines 7 to 11), omit subclause (2), substitute:

(2) However:

(a) the answer or information given, or the document or thing produced; and

(b) any information, document or thing obtained as a direct consequence of the giving of the answer or information or the production of the document or thing;

is not admissible in evidence against the person in:

(c) a criminal proceeding; or

(d) a proceeding for the imposition or recovery of a penalty; or

(e) a confiscation proceeding.

(26) Clause 113, page 102 (lines 17 to 20), omit subparagraph (3)(b)(i).

(27) Clause 113, page 103 (lines 1 and 2), omit the note.

(28) Page 103 (after line 5), after clause 113, insert:

113A Leg al professional privilege

This Act does not affect the law relating to legal professional privilege.

(29) Clause 114, page 103 (lines 11 to 13), omit paragraphs (1)(a) and (b).

(30) Clause 114, page 103 (line 17) to page 104 (line 2), omit subclauses (2) to (5).

(31) Clause 115, page 104 (lines 12 to 28), to be opposed.

(32) Clause 154, page 131 (after line 32), at the end of the clause, add:

(7) The Commissioner must give an investigation report, or a protected investigation report, to a person in accordance with this section no later than 12 months (or such longer period as a court allows) after the earlier of the following:

(a) the time when the corruption issue to which the report relates was referred to the Commissioner;

(b) the time when the Commissioner became aware of the corruption issue to which the report relates.

(33) Clause 178, page 150 (after line 17), after subclause (2), insert:

(2A) If the proposed recommendation is for the appointment of the Commissioner or the Inspector, the decision to approve the recommendation must be supported by at least a three-quarters majority of all of the members of the Committee.

(2B) Paragraph 173(5)(b) does not apply in relation to a vote on a decision to approve or reject a proposed recommendation.

I did refer to these amendments in my second reading speech. I have questioned the minister this morning in relation to the rationale behind the government not supporting them.