Commonwealth of Australia Explanatory Memoranda

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COMMUNICATIONS LEGISLATION AMENDMENT (INFORMATION SHARING AND DATACASTING) BILL 2007

                                                                                                                         5211
      2004-2005-2006-2007

      The Parliament of the
      Commonwealth of Australia

      THE SENATE

      Crimes Legislation Amendment (National
      Investigative Powers and Witness Protection) Bill
      2006
      (Amendments to be moved by Senator Nettle on behalf of the Australian Greens in committee of the
      whole)

(1)   Schedule 1, page 3 (line 2) to page 85 (line 6), TO BE OPPOSED.
                                                                                      [controlled operations etc]

(2)   Schedule 2, page 86 (line 2) to page 116 (line 13), TO BE OPPOSED.
                                                                      [delayed notification search warrants]

(3)   Schedule 3, page 154 (after line 5), at the end of the Schedule, add:

      Part 4--Amendments relating to period of arrest
      Crimes Act 1914
      23 Subsection 23B(1)(definition of investigation period)
             Omit "or 23CA, as the case requires".

      24 Subsection 23C(1)
             Omit "(other than a terrorism offence)".
                  Note:     The heading to section 23C is altered by omitting "if arrested for non-terrorism offence".

      25 Subsection 23C(6)
             Repeal the subsection, substitute:
              (6) If the person has been arrested more than once within any period of 48 hours, the
                  investigation period for each arrest other than the first is reduced by the amount of any
                  earlier investigation period or periods under this section, as occurred within that 48 hours.

      26 Section 23CA
             Repeal the section.

      27 Section 23CB
             Repeal the section.

      28 Subsection 23D(1)
                                                                                                                           1
     Omit "a serious offence (other than a terrorism offence)", substitute "serious terrorism and
     non-terrorism offences".
         Note:     The heading to section 23D is altered by omitting "if arrested for non-terrorism offence".

29 Section 23DA
     Repeal the section.

30 Subsection 23E(1)
     Omit "or 23DA".

31 Subsection 23E(3)
     Omit "or 23DA(5)(as the case requires)".

32 Paragraph 23XGD(2)(h)
     Omit "or 23CA(8)".
                                                                                           [period of arrest]