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Report Details


Committee Name:

Legislation Committee

House:

Legislative Council
Report Type:Report

Title:

Criminal Investigation Bill 2005, Criminal Investigation (Consequential Provisions) Bill 2005 and Criminal and Found Property Disposal Bill 2005
Report No:4
No of Pages:137
Physical Location:Legislative Council Committee Office

Presentation Date:

09/20/2006
Inquiry Name(s):Criminal Investigation Bill 2005, Criminal Investigation (Consequential Provisions) Bill 2005 and Criminal and Found Property Disposal Bill 2005


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Hide details for Executive SummaryExecutive Summary

1 The Criminal Investigation Bill 2005 and the Criminal and Found Property Disposal Bill 2005 are final instalments of a criminal law reform package that commenced in 1994 under the Police Act 1892 reform project. This package enhances what the High Court of Australia refers to as the armoury of law enforcement and gives statutory expression to the overarching theme of the Kennedy Royal Commission that police officers have adequate powers to undertake investigations.



2 In the Committee’s view, the package provides a framework within which both police and prescribed public officers can exercise powers with certainty. This is an important feature given the Kennedy Royal Commission statement that “Uncertainty is corruptogenic- a breeding ground for corruption. The Committee was also mindful of the need to maintain appropriate safeguards to protect the rights of citizens.



3 In this Report, the Committee focussed primarily on the Criminal Investigation Bill 2005 and made six statutory form recommendations and one narrative recommendation. The Committee also made one statutory form recommendation to each of the Criminal Investigation (Consequential Provisions) Bill 2005 and the Criminal and Found Property Disposal Bill 2005.



4 During the inquiry a number of issues were raised which resulted in proposed amendments which the Committee understands the Government will move in the name of the Parliamentary Secretary representing the Attorney General.

Recommendations

5 Recommendations are grouped as they appear in the text at the page number indicated. The recommendations which involve amendments to the Bills are presented in statutory form in Appendix 1:



Page 12
Recommendation 1: The Committee recommends that clause 13 of the Criminal Investigation Bill 2005 be deleted. This can be effected by voting against the clause in the following manner:

Page 11, lines 20 to 22 — To oppose the clause.

Page 26
Recommendation 2: The Committee recommends that the Government consider a consequential amendment to the Justices of the Peace Act 2004 to provide for record keeping in respect of search warrants.

Page 29
Recommendation 3: The Committee recommends that clause 44 of the Criminal Investigation Bill 2005 be amended as follows:

Page 38, after line 6 — To insert —

(7) A person who is detained under subsection (2)(g)(iii) when he or she is not under arrest is to be taken to be in lawful custody.


”.


Page 32
Recommendation 4: The Committee recommends that clause 65 of the Criminal Investigation Bill 2005 be amended as follows:

Page 53, after line 26 — To insert —

(5) A person who is detained under subsection (2)(a) when he or she is not under arrest is to be taken to be in lawful custody.
”.


Page 36
Recommendation 5: The Committee recommends that clause 82(5) of the Criminal Investigation Bill 2005 be deleted. This can be effected in the following manner:

Page 69, lines 17 to 19 — To delete the lines.


Page 38
Recommendation 6: The Committee recommends that clause 88 of the Criminal Investigation Bill 2005 be amended as follows:

Page 75, after line 3 — To insert —

(4) When detaining a protected person under subsection (3), an officer must consider the best interests of the person.
”.


Page 42
Recommendation 7: The Committee recommends that clause 127 of the Criminal Investigation Bill 2005 be amended in the following manner:

Page 108, lines 9 and 10 — To delete all the words after “life”.


Page 51
Recommendation 8: The Committee recommends that Schedule 1 of the Criminal Investigation (Consequential Provisions) Bill 2005be amended in the following manner:

Page 44, after clause 5 — To insert the following clause —

5A. Guardianship and Administration Act 1990
s. 97(1)Delete “Advocate are — ” and insert instead —
“ Advocate are as follows — ”.
Delete “and” after paragraph (g).
Delete the full stop after paragraph (h) and insert instead a semicolon.
After paragraph (h) insert the following paragraph —

(i) any other function conferred on the Public Advocate by a written law.
”.

Page 56
Recommendation 9: The Committee recommends that clause 14 of the Criminal and Found Property Disposal Bill 2005 be amended in the following manner:

Page 12, lines 2 to 8 — To delete the lines and insert instead —

14. Receipt of property
      A person who gives possession of any found property to a prescribed agency must be given a receipt for the property from the chief officer of the agency as soon as reasonably practicable.
”.