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purpose is probably "arbitrary" in terms
of Article 5(1) of the BOR, insofar as
detention relates to someone else's
activities. We propose amending them so
that people may only be detained for
enquiries into their own activities; and
(f)
sections 37K(1) and (2) (standards of
proof and the presumption that a person
is an unauthorized entrant, or the owner
of a vessel carrying an unauthorized
entrant) : in their existing form, these
sections make presumptions which are
inconsistent with the presumption of
innocence guaranteed in Article 11(1) of
the BOR. To remove this inconsistency,
we have proposed amendments which will
enable defendents to rebut the
presumptions by adducing evidence to the
contrary.
9.
Other changes in the Bill are consequential.
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