The Senate

Second Reading Speech

A committee on Behalf of the Government

The Fitzgerald Commission of inquiry into possible illegal activities and associated police misconduct in Queensland has sought the urgent assistance of the commonwealth in a number of areas. The Government believes that there is a genuine public interest, including from a commonwealth perspective in the fight against organised crime, in the commonwealth providing all the assistance it properly can to the Fitzgerald Commission. The inquiry involves the integrity of a state police force that is involved, in conjunction with police forces of the commonwealth, the other states and the northern territory in a number of common police services including the ABCI.

The NCA has also had to rely on the services of the Queensland police force. Accordingly the commonwealth has a real interest in ensuring that the inquiry is not impeded. The amendments which I propose to move on behalf of the Government, which were foreshadowed by the Minister for justice on 24 November, will allow the commonwealth to provide the assistance sought by the Fitzgerald Commission. Parts va and vb amend taxation laws to enable the Fitzgerald Commission to have access to taxation information on the same basis, and subject to the same restrictions on further disclosure of the information that applies to taxation Information disclosed to a commonwealth Royal Commission, with the exception that the commissioner May disclose the information to state law enforcement agencies as well as to commonwealth agencies and the information May be used in Evidence in certain proceedings to restrain dealings in, and confiscate, proceeds of crime under state and commonwealth law. Part via amends the Royal Commissions act 1902 to insert a new section 7d which prevents answers given by a witness to the Fitzgerald Commission from being used in evidence against the witness in commonwealth criminal or civil proceedings. The act already prevents the use of evidence given before a commonwealth Royal Commission in subsequent civil or criminal proceedings.

The Queensland commissions of inquiry act 1950 also precludes the use of evidence given before a commission in subsequent civil or criminal proceedings. The commonwealth provision is intended to supplement the Queensland provisions in relation to commonwealth proceedings to ensure that persons cannot refuse to answer questions before the Commission on the basis of inadequate protection against self-incrimination.

Part vib and vic amend telecommunications interception legislation to enable certain types of information obtainedas a result of interceptions of telecommunications to be given to commissioner fitzgerald, and for evidence to be given to the fitzgerald inquiry in relation to such information. The amendments will permit further use of such information for the purposes of investigating serious offences and any resulting prosecutions. The amendments will also enable the Australian federal police to continue to be able to obtain information obtained as a result of lawful interceptions, for a purpose connected with the investigation of serious offences. Under The act as it now stands, this information is available to the afp. As foreshadowed by the Minister for justice on 5 November in his concluding remarks when introducing this Bill, further amendments being made to the act will enable Evidence to be given, in proceedings begun before the commencement of section 21 of the telecommunications (interception) amendment act 1987, of information obtained by interceptions carried out before the commencement of that section whether or not in contravention of the act. These amendments will not affect a court's discretion whether or not to admit illegally obtained evidence. %%%%%

I present a supplementary Explanatory Memorandum and commend the amendments to the senate.