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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
National Crime Authority (State Provisions)
Amendment Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments relating to
reasonable excuse,
self-incrimination and increases in
penalties
4. Section 18 amended 3
5. Section 19 amended 4
6. Section 21 repealed and a saving provision 5
7. Section 25 replaced 7
Part 3 -- Amendments relating to
people who may apply for, or issue,
search warrants
8. Section 12 amended 8
9. Section 13 amended 10
Part 4 -- Amendments relating to use of
reasonable force to execute
warrants
10. Section 12 amended 11
11. Section 20 amended 11
page i
102--1B
National Crime Authority (State Provisions) Amendment Bill 2002
Contents
Part 5 -- Amendments relating to
hearing officers
12. Section 15 inserted 12
13. Section 16 amended 12
14. Section 16A inserted 12
15. Section 17 amended 16
16. Section 18 amended 17
17. Section 18B amended 17
18. Section 19 amended 18
19. Section 20 amended 18
20. Section 23 amended 19
21. Section 24 amended 19
22. Section 29 amended 19
23. Section 31 amended 19
Part 6 -- Amendments relating to
references to the Chairman or
Chairperson of the Authority
24. Section 16 amended 21
25. Section 17 amended 21
26. Section 27 amended 21
27. Anti-Corruption Commission Act 1988 amended 21
28. Surveillance Devices Act 1998 amended 21
29. Witness Protection (Western Australia) Act 1996
amended 22
Part 7 -- Other amendments
30. Section 6 amended 23
31. Section 16 amended 23
32. Section 18B amended 23
33. Section 23 amended 24
page ii
Western Australia
LEGISLATIVE ASSEMBLY
National Crime Authority (State Provisions)
Amendment Bill 2002
A Bill for
An Act to amend the National Crime Authority (State Provisions)
Act 1985 so that it more closely reflects the National Crime
Authority Act 1984 of the Commonwealth, and for other
purposes.
The Parliament of Western Australia enacts as follows:
page 1
National Crime Authority (State Provisions) Amendment Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the National Crime Authority (State
Provisions) Amendment Act 2002.
5 2. Commencement
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 3. The Act amended
The amendments in this Act are to the National Crime Authority
(State Provisions) Act 1985* unless otherwise indicated.
[* Act No. 4 of 1985.
For subsequent amendments see 2000 Index to Legislation of
15 Western Australia, Table 1, p. 306, and Act No. 32 of 2001.]
page 2
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to reasonable excuse, self-incrimination Part 2
and increases in penalties
s. 4
Part 2 -- Amendments relating to reasonable excuse,
self-incrimination and increases in penalties
4. Section 18 amended
Section 18(3) to (5) are repealed and the following subsections
5 are inserted instead --
"
(3) A person shall not refuse or fail to comply with a
notice served on the person under this section.
(4) A person who contravenes subsection (3) is guilty of a
10 crime and, subject to this section, is punishable, upon
conviction, by a fine not exceeding $20 000 or by
imprisonment for a period not exceeding 5 years.
(5) Notwithstanding that an offence against subsection (3)
is a crime, a court of summary jurisdiction may hear
15 and determine proceedings in respect of such an
offence if the court is satisfied that it is proper to do so
and the defendant and the prosecutor consent.
(6) Where, in accordance with subsection (5), a court of
summary jurisdiction convicts a person of an offence
20 against subsection (3), the penalty that the court may
impose is a fine not exceeding $2 000 or imprisonment
for a period not exceeding one year.
(7) The provisions of section 19(3), (4), (5) and (9) apply
in relation to a person who is required to produce a
25 document or thing by a notice served on the person
under this section in the same manner as they apply in
relation to a person who is required to produce a
document or thing at a hearing before the Authority or
a hearing officer.
30 ".
page 3
National Crime Authority (State Provisions) Amendment Bill 2002
Part 2 Amendments relating to reasonable excuse, self-incrimination
and increases in penalties
s. 5
5. Section 19 amended
(1) Section 19(1) and (2) are amended by deleting ", without
reasonable excuse".
(2) Section 19(4) to (13) are repealed and the following subsections
5 are inserted instead --
"
(4) Subsection (5) limits the use that can be made of any
answers given at a hearing before the Authority or a
hearing officer, or documents or things produced at a
10 hearing before the Authority or a hearing officer. That
subsection only applies if --
(a) a person appearing as a witness at a hearing
before the Authority or a hearing officer --
(i) answers a question that the person is
15 required to answer by the member
presiding at the hearing or the hearing
officer who is holding the hearing; or
(ii) produces a document or thing that the
person was required to produce by a
20 summons under this Act served as
prescribed;
and
(b) in the case of the production of a document that
is, or forms part of, a record of an existing or
25 past business -- the document sets out details
of earnings received by the person in respect of
the person's employment and does not set out
any other information; and
(c) before answering the question or producing the
30 document or thing, the person claims that the
answer, or the production of the document or
thing, might tend to incriminate the person or
make the person liable to a penalty.
page 4
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to reasonable excuse, self-incrimination Part 2
and increases in penalties
s. 6
(5) The answer, or the document or thing, is not admissible
in evidence against the person in --
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a penalty,
5 other than a proceeding in respect of --
(c) in the case of an answer -- the falsity of the
answer; or
(d) in the case of the production of a document --
the falsity of any statement contained in the
10 document.
(6) A person who contravenes subsection (1), (2) or (3) is
guilty of a crime that, subject to this section, is
publishable, upon conviction, by a fine not exceeding
$20 000 or by imprisonment for a period not exceeding
15 5 years.
(7) Notwithstanding that an offence against subsection (1),
(2) or (3) is a crime, a court of summary jurisdiction
may hear and determine proceedings in respect of such
an offence if the court is satisfied that it is proper to do
20 so and the defendant and the prosecutor consent.
(8) Where, in accordance with subsection (7), a court of
summary jurisdiction convicts a person of an offence
against subsection (1), (2) or (3), the penalty that the
court may impose is a fine not exceeding $2 000 or
25 imprisonment for a period not exceeding one year.
(9) Subsection (3) does not affect the law relating to legal
professional privilege.
".
6. Section 21 repealed and a saving provision
30 (1) Section 21 is repealed.
page 5
National Crime Authority (State Provisions) Amendment Bill 2002
Part 2 Amendments relating to reasonable excuse, self-incrimination
and increases in penalties
s. 6
(2) In this section --
"NCA Act" means the National Crime Authority Act 1984 of
the Commonwealth;
"relevant claim" means a claim, made before the coming into
5 operation of this section that a person is entitled to refuse --
(a) to furnish information, or produce a document,
pursuant to a notice under section 20 of the NCA Act;
(b) to produce a document pursuant to a notice under
section 29 of the NCA Act;
10 (c) to answer a question put to the person, or produce a
document that the person was required to produce,
under section 30 of the NCA Act; or
(d) to comply with a requirement --
(i) to answer a question, or to produce a
15 document, at a hearing before the Authority
under a law of a State; or
(ii) to produce a document pursuant to a notice
under a provision of a law of a State that
corresponds to section 29 of the NCA Act,
20 to which section 32 of the NCA Act applied, because
of section 32B of the NCA Act, before the coming
into operation of item 13 of Schedule 1 to the
National Crime Authority Legislation Amendment
Act 2001 of the Commonwealth.
25 (3) Section 21, as in force immediately before its repeal by
subsection (1), continues to apply in relation to a relevant claim
as if it had not been repealed.
page 6
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to reasonable excuse, self-incrimination Part 2
and increases in penalties
s. 7
7. Section 25 replaced
Section 25 is repealed and the following section is inserted
instead --
"
5 25. Contempt of Authority
(1) A person shall not --
(a) obstruct or hinder --
(i) the Authority or a member in the
performance of the functions of the
10 Authority; or
(ii) a hearing officer in the performance of
the hearing officer's functions as a
hearing officer;
or
15 (b) disrupt a hearing before the Authority or a
hearing officer.
(2) A person who contravenes subsection (1) is guilty of a
crime and, subject to this section, is punishable, upon
conviction, by a fine not exceeding $20 000 or by
20 imprisonment for a period not exceeding 5 years.
(3) Notwithstanding that an offence against subsection (1)
is a crime, a court of summary jurisdiction may hear
and determine proceedings in respect of such an
offence if the court is satisfied that it is proper to do so
25 and the defendant and the prosecutor consent.
(4) Where, in accordance with subsection (3), a court of
summary jurisdiction convicts a person of an offence
against subsection (1), the penalty that the court may
impose is a fine not exceeding $2 000 or imprisonment
30 for a period not exceeding one year.
".
page 7
National Crime Authority (State Provisions) Amendment Bill 2002
Part 3 Amendments relating to people who may apply for, or issue,
search warrants
s. 8
Part 3 -- Amendments relating to people who may
apply for, or issue, search warrants
8. Section 12 amended
(1) Section 12(1) is amended as follows:
5 (a) by deleting "A member may apply to a Judge of a
prescribed court" and inserting instead --
"
An eligible person may apply to an issuing officer
";
10 (b) in paragraphs (a) and (b) by deleting "the member" and
inserting instead --
" the eligible person ".
(2) Section 12(2) is amended by deleting "a Judge of a prescribed
court, the Judge" and inserting instead --
15 " an issuing officer, the issuing officer ".
(3) Section 12(3) is amended as follows:
(a) by deleting "A Judge" and inserting instead --
" An issuing officer ";
(b) by deleting "the Judge" wherever occurring and
20 inserting instead --
" the issuing officer ".
(4) Section 12(4) is amended as follows:
(a) by deleting "a Judge" and inserting instead --
" an issuing officer ";
25 (b) by deleting "the Judge" and inserting instead --
" the issuing officer ".
page 8
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to people who may apply for, or issue, Part 3
search warrants
s. 8
(5) Section 12(8)(b) is amended as follows:
(a) by deleting "a member" and inserting instead --
" an eligible person ";
(b) in subparagraph (ii) by deleting "the member" and
5 inserting instead --
" the eligible person ".
(6) Section 12(9) is amended as follows:
(a) by deleting "A member" and inserting instead --
" An eligible person ";
10 (b) by deleting "the member" and inserting instead --
" the eligible person ".
(7) Section 12(11) is repealed.
(8) After section 12(13) the following subsections are inserted --
"
15 (14) A function of issuing a warrant conferred on an issuing
officer by this section is conferred on the issuing
officer in a personal capacity and not as a court or a
member of a court.
(15) Without limiting the generality of subsection (14), the
20 issue of a warrant has effect only by virtue of this Act
and is not to be taken by implication to be made by a
court.
(16) An issuing officer performing a function of, or
connected with, issuing a warrant under this section has
25 the same protection and immunity as if the issuing
officer were performing that function as, or as a
member of, a court (being a court of which the issuing
officer is a member).
".
page 9
National Crime Authority (State Provisions) Amendment Bill 2002
Part 3 Amendments relating to people who may apply for, or issue,
search warrants
s. 9
9. Section 13 amended
(1) Section 13(1) is amended by deleting "a member" and inserting
instead --
" an eligible person ".
5 (2) Section 13(1), (2) and (3)(b) are amended by deleting "the
member" and inserting instead --
" the eligible person ".
(3) Section 13(3) is amended as follows:
(a) by deleting "a Judge" and inserting instead --
10 " an issuing officer ";
(b) by deleting "the Judge" and inserting instead --
" the issuing officer ".
(4) Section 13(4), (5) and (6) are amended by deleting "Judge"
wherever occurring and inserting instead --
15 " issuing officer ".
(5) After section 13(7) the following subsections are inserted --
"
(8) A function of issuing a warrant conferred on an issuing
officer by this section is conferred on the issuing
20 officer in a personal capacity and not as a court or a
member of a court.
(9) Without limiting the generality of subsection (8), the
issue of a warrant has effect only by virtue of this Act and
is not to be taken by implication to be made by a court.
25 (10) An issuing officer performing a function of, or
connected with, issuing a warrant under this section has
the same protection and immunity as if the issuing
officer were performing that function as, or as a
member of, a court (being the court of which the
30 issuing officer is a member).
".
page 10
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to use of reasonable force to execute Part 4
warrants
s. 10
Part 4 -- Amendments relating to use of reasonable
force to execute warrants
10. Section 12 amended
After section 12(6) the following subsection is inserted --
5 "
(6a) A person executing a warrant issued under this section
may only use such reasonable force as is necessary for
the execution.
".
10 11. Section 20 amended
After section 20(2) the following subsection is inserted --
"
(2a) A person executing a warrant under this section may
only use such reasonable force as is necessary for the
15 execution.
".
page 11
National Crime Authority (State Provisions) Amendment Bill 2002
Part 5 Amendments relating to hearing officers
s. 12
Part 5 -- Amendments relating to hearing officers
12. Section 15 inserted
After section 14 the following section is inserted --
"
5 15. Hearings
For the purposes of a special investigation --
(a) the Authority may hold hearings of the
Authority; and
(b) the Chair may, in writing, direct a hearing
10 officer to hold hearings.
".
13. Section 16 amended
Section 16(1) is repealed and the following subsection is
inserted instead --
15 "
(1) This section applies to a hearing held by the Authority.
".
Note: The heading to section 16 will be altered to read "Hearings of the
Authority".
20 14. Section 16A inserted
After section 16 the following section is inserted --
"
16A. Hearings by hearing officers
(1) A hearing officer may regulate the conduct of
25 proceedings at a hearing as the hearing officer thinks
fit.
(2) At a hearing before a hearing officer --
(a) a person giving evidence may be represented by
a legal practitioner; and
page 12
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to hearing officers Part 5
s. 14
(b) if, by reason of the existence of special
circumstances, the hearing officer consents to a
person who is not giving evidence being
represented by a legal practitioner -- the person
5 may be so represented.
(3) A hearing before a hearing officer must be held in
private and the hearing officer may give directions as
to the persons who may be present during the hearing
or a part of the hearing.
10 (4) Nothing in a direction given by the hearing officer
under subsection (3) prevents the presence, when
evidence is being taken at a hearing before the hearing
officer, of --
(a) a person representing the person giving
15 evidence; or
(b) a person representing, in accordance with
subsection (2), a person who, by reason of a
direction given by the hearing officer under
subsection (3), is entitled to be present.
20 (5) If a hearing before a hearing officer is being held, a
person (other than a member or a member of the staff
of the Authority approved by the Authority) must not
be present at the hearing unless the person is entitled to
be present by reason of a direction given by the hearing
25 officer under subsection (3) or by reason of
subsection (4).
(6) At a hearing before a hearing officer for the purposes
of a special investigation --
(a) counsel assisting the hearing officer generally
30 or in relation to the matter to which the
investigation relates;
page 13
National Crime Authority (State Provisions) Amendment Bill 2002
Part 5 Amendments relating to hearing officers
s. 14
(b) any person authorised by the hearing officer to
appear before the hearing officer at the hearing;
or
(c) any legal practitioner representing a person at
5 the hearing in accordance with subsection (2),
may, so far as the hearing officer thinks appropriate,
examine or cross-examine any witness on any matter
that the hearing officer considers relevant to the special
investigation.
10 (7) If a person (other than a member or a member of the
staff of the Authority) is present at a hearing before a
hearing officer while another person ("the witness") is
giving evidence at the hearing, the hearing officer
must --
15 (a) inform the witness that the person is present;
and
(b) give the witness an opportunity to comment on
the presence of the person.
(8) To avoid doubt, a person does not cease to be entitled
20 to be present at a hearing before a hearing officer or
part of such a hearing if --
(a) the hearing officer fails to comply with
subsection (7); or
(b) a witness comments adversely on the presence
25 of the person under subsection (7)(b).
(9) A hearing officer may direct that --
(a) any evidence given before the hearing officer;
(b) the contents of any document, or a description
of any thing, produced to the hearing officer;
30 (c) any information that might enable a person who
has given evidence before the hearing officer to
be identified; or
page 14
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to hearing officers Part 5
s. 14
(d) the fact that any person has given or may be
about to give evidence at a hearing,
must not be published, or must not be published except
in such manner, and to such persons, as the hearing
5 officer specifies. The hearing officer must give such a
direction if the failure to do so might prejudice the
safety or reputation of a person or prejudice the fair
trial of a person who has been or may be charged with
an offence.
10 (10) Subject to subsection (11), the Chair may, in writing,
vary or revoke a direction under subsection (9).
(11) The Chair must not vary or revoke a direction if to do
so might prejudice the safety or reputation of a person
or prejudice the fair trial of a person who has been or
15 may be charged with an offence.
(12) Where --
(a) a person has been charged with an offence
before a federal court or before a court of a
State or Territory; and
20 (b) the court considers that it may be desirable in
the interests of justice that particular evidence
given before a hearing officer, being evidence
in relation to which the hearing officer has
given a direction under subsection (9), be made
25 available to the person or to a legal practitioner
representing the person,
the court may give to the hearing officer or the
Authority a certificate to that effect and, if the court
does so, the hearing officer or the Authority, as the
30 case may be, must make the evidence available to the
court.
page 15
National Crime Authority (State Provisions) Amendment Bill 2002
Part 5 Amendments relating to hearing officers
s. 15
(13) Where --
(a) the hearing officer or the Authority makes
evidence available to a court in accordance with
subsection (12); and
5 (b) the court, after examining the evidence, is
satisfied that the interests of justice so require,
the court may make the evidence available to the
person charged with the offence concerned or to a legal
practitioner representing the person.
10 (14) A person who --
(a) is present at a hearing in contravention of
subsection (5); or
(b) makes a publication in contravention of a
direction given under subsection (9),
15 is guilty of an offence punishable, upon conviction, by
a fine not exceeding $2 000 or imprisonment for a
period not exceeding one year.
(15) At the conclusion of a hearing held by a hearing
officer, the hearing officer must give the Authority --
20 (a) a record of the proceedings of the hearing; and
(b) any documents or other things given to the
hearing officer at, or in connection with, the
hearing.
".
25 15. Section 17 amended
(1) Section 17(1), (2) and (3) are amended by inserting after "before
the Authority" --
" or a hearing officer ".
(2) Section 17(3) is amended by inserting after "to which the
30 Authority" and after "prevents the Authority" --
" or the hearing officer ".
page 16
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to hearing officers Part 5
s. 16
(3) Section 17(4) is amended by inserting after "Authority" --
" or the hearing officer who is holding a hearing ".
(4) Section 17(5) is amended as follows:
(a) by inserting after "The Authority" --
5 " or the hearing officer ";
(b) in paragraph (a) by inserting after "a member" --
" or a hearing officer ";
(c) in paragraph (a) by inserting after "presiding at the
hearing" --
10 " or the hearing officer ";
(d) in paragraph (b) by inserting after "a member," --
" the hearing officer ".
16. Section 18 amended
(1) Section 18(1)(a) is amended by deleting "or a member of the
15 staff of the Authority;" and inserting instead --
"
, a member of the staff of the Authority or a
hearing officer;
".
20 (2) Section 18(2) is amended by inserting after "Authority" --
" or a hearing officer ".
17. Section 18B amended
Section 18B(7) is amended in the definition of "official matter",
in paragraph (c), by inserting after "Authority" --
25 " or a hearing officer ".
page 17
National Crime Authority (State Provisions) Amendment Bill 2002
Part 5 Amendments relating to hearing officers
s. 18
18. Section 19 amended
(1) Section 19(1) is amended as follows:
(a) by inserting after "Authority" --
" or a hearing officer ";
5 (b) in paragraph (b) by deleting "member." and inserting
instead --
"
member or the hearing officer, as the case may
be.
10 ".
(2) Section 19(2) is amended as follows:
(a) by inserting after "Authority" --
" or a hearing officer ";
(b) in paragraph (b) by deleting "hearing;" and inserting
15 instead --
" hearing or the hearing officer; ".
(3) Section 19(3) is amended as follows:
(a) in paragraph (a) by inserting after "Authority" --
" or a hearing officer ";
20 (b) by deleting ", furnish to the Authority" and inserting
instead --
"
or the hearing officer, furnish to the Authority or the
hearing officer
25 ".
19. Section 20 amended
Section 20(1)(a) and (3)(a) are amended by inserting after
"before the Authority" --
" or a hearing officer ".
page 18
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to hearing officers Part 5
s. 20
20. Section 23 amended
Section 23(1) is amended by inserting after "Authority" --
" or a hearing officer ".
21. Section 24 amended
5 Section 24 is amended as follows:
(a) by inserting after "a member" --
" or a hearing officer ";
(b) in paragraph (a) by inserting after "Authority" --
" or a hearing officer ";
10 (c) in paragraph (b) by inserting after "before the
Authority" --
" or a hearing officer ";
(d) by inserting after "the member" --
" or the hearing officer, as the case may be, ".
15 22. Section 29 amended
(1) Section 29(1) is amended as follows:
(a) by inserting after "member" wherever occurring --
" or a hearing officer ";
(b) by inserting after "Authority" --
20 " or the hearing officer ".
(2) Section 29(2) and (3) are amended by inserting after
"Authority" wherever occurring --
" or a hearing officer ".
23. Section 31 amended
25 (1) Section 31 is amended as follows:
(a) after paragraph (a) by deleting "and";
page 19
National Crime Authority (State Provisions) Amendment Bill 2002
Part 5 Amendments relating to hearing officers
s. 23
(b) after paragraph (b) by deleting the full stop and
inserting --
"
; and
5 (c) a hearing officer.
".
(2) Section 31(3) is amended by deleting "or acting member in the
member's or acting member's" and inserting instead --
"
10 , acting member or hearing officer in the member's,
acting member's or hearing officer's
".
page 20
National Crime Authority (State Provisions) Amendment Bill 2002
Amendments relating to references to the Chairman or Part 6
Chairperson of the Authority
s. 24
Part 6 -- Amendments relating to references to the
Chairman or Chairperson of the Authority
24. Section 16 amended
Section 16(3), (3a), (9a) and (9b) are amended by deleting
5 "Chairperson" wherever occurring and inserting instead --
" Chair ".
25. Section 17 amended
Section 17(6) is amended by deleting "Chairperson." and
inserting instead --
10 " Chair. ".
26. Section 27 amended
Section 27(1) and (3) are amended by deleting "Chairperson"
wherever occurring and inserting instead --
" Chair ".
15 27. Anti-Corruption Commission Act 1988 amended
(1) The amendment in this section is to the Anti-Corruption
Commission Act 1988*.
[* Reprinted as at 6 July 2001.]
(2) Section 12(1)(f)(iii) is amended by deleting "Chairman" and
20 inserting instead --
" Chair ".
28. Surveillance Devices Act 1998 amended
(1) The amendments in this section are to the Surveillance Devices
Act 1998*.
25 [* Act No. 56 of 1998.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 443, and Act No. 35 of 2001.]
page 21
National Crime Authority (State Provisions) Amendment Bill 2002
Part 6 Amendments relating to references to the Chairman or
Chairperson of the Authority
s. 29
(2) Each of the provisions set out in the Table is amended by
deleting "Chairperson" wherever occurring and inserting
instead --
" Chair ".
5 Table
section 3(1) in paragraph (c) of the definition
of "authorized person"
section 9(2)(a)(iii)
section 15(3)(c)
section 43(3) and (4)
section 44(1)(f)
29. Witness Protection (Western Australia) Act 1996 amended
(1) The amendment in this section is to the Witness Protection
(Western Australia) Act 1996*.
[* Act No. 11 of 1996.
10 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 500.]
(2) Section 3(1) is amended in paragraph (c) of the definition of
"approved authority" by deleting "Chairman" and inserting
instead --
15 " Chair ".
page 22
National Crime Authority (State Provisions) Amendment Bill 2002
Other amendments Part 7
s. 30
Part 7 -- Other amendments
30. Section 6 amended
Section 6(4) and (5) are repealed.
31. Section 16 amended
5 After section 16(7) the following subsections are inserted --
"
(7a) If a person (other than a member or a member of the
staff of the Authority) is present at a hearing while
another person ("the witness") is giving evidence at
10 the hearing, the Authority shall --
(a) inform the witness that the person is present; and
(b) give the witness an opportunity to comment on
the presence of the person.
(7b) To avoid doubt, a person does not cease to be entitled
15 to be present at a hearing or part of a hearing if --
(a) the Authority fails to comply with
subsection (7a); or
(b) a witness comments adversely on the presence
of the person under subsection (7a)(b).
20 ".
32. Section 18B amended
Section 18B(2)(e) is deleted and the following paragraph is
inserted instead --
"
25 (e) if the person is a legal practitioner -- for the
purpose of obtaining the agreement of another
person under section 19(3) to the legal
practitioner answering a question or producing
a document at a hearing before the Authority or
30 a hearing officer.
".
page 23
National Crime Authority (State Provisions) Amendment Bill 2002
Part 7 Other amendments
s. 33
33. Section 23 amended
Section 23(2) and (3) are amended by deleting "an indictable
offence" and inserting instead --
" a crime ".
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