WEDNESDAY, MARCH 10, 1976
AG TO MOVE AMENDMENTS TO ICAC BILL
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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, SAID TODAY HE WOULD PROPOSE AMENDMENTS TO THE INDEPENDENT COMMISSION AGAINST CORRUPTION (AMENDMENT) BILL 1976 TO PROVIDE THE COMMISSION WITH THE NECESSARY AUTHORITY TO ENSURE ITS CONTINUED EFFECTIVE INDEPENDENT OPERATION.+
HE WAS REPLYING IN THE LEGISLATIVE COUNCIL TO UNOFFICIAL MEMBERS WHO HAD EXPRESSED CONCERN ABOUT POTENTIAL ABUSE OF POWER DURING THE RESUMED DEBATE ON THE BILL.
REFERRING TO THE POWER TO SEARCH PREMISES IN WHICH A PERSON IS ARRESTED, MR. HOBLEY ASSURED THE UNOFFICIALS THAT ICAC OFFICERS WOULD ACT UNDER A SEARCH WARRANT WHEREVER PRACTICABLE.
HE CONFIRMED THAT A SEARCH OF PREMISES WITH WHICH AN ARRESTED PERSON WAS NOT NORMALLY ASSOCIATED WOULD BE CONDUCTED IN CO-OPERATION WITH THE OCCUPIER, UNLESS THE OFFICERS HAD REASON TO BELIEVE THAT THE OCCUPIER MIGHT BE ACTING IN CONCERT WITH THE ARRESTED PERSON.
THE RIGHT TO SEARCH, HE ADDED, WAS LIMITED TO A SEARCH FOR THE PERSON TO BE ARRESTED AND AN AMENDMENT WOULD BE MOVED AT THE COMMITTEE STAGE TO CONFIRM THE INTENTION THAT THE SEARCH WAS ALSO TO BE LIMITED TO EVIDENCE OF OFFENCES FOR WHICH ICAG OFFICERS NAD POWER TO ARREST.
THE ATTORNEY GENERAL STRESSED THAT AN ARREST IN PREMISES WITH WHICH A PERSON WAS NOT NORMALLY ASSOCIATED WOULD BE BY CHANCE, AND NOT DESIGN, UNLESS THE PARTICULAR CIRCUMSTANCES LEFT NO ALTERNATIVE, AS COULD BE THE CASE WHERE A PERSON WAS DELIBERATELY EVADING ARREST.
MR. HOBLEY SAID THAT AFTER MUCH DELIBERATION WITH UNOFFICIAL MEMBERS HE THOUGHT A WAY HAD BEEN FOUND OF CONFERRING A WIDER POWER OF ARREST ON COMMISSION OFFICERS WHICH WAS NEITHER UNNECESSARILY WIDE NOR UNACCEPTABLY RESTRICTIVE.+
HE SAID AN AMENDMENT WOULD BE MOVED AT THE COMMITTEE STAGE TO CONFIRM THAT THE COMMISSION WAS NOT A SECOND POLICE FORCE.
+AN AMENDMENT WILL ALSO BE MOVED TO REQUIRE A COMMISSION OFFICER SEEKING ENTRY TO PREMISES FOR THE PURPOSE OF EFFECTING AN ARREST TO STATE HIS PURPOSE, HE ADDED.
REFERRING TO ANOTHER POINT ABOUT THE TERMS WHICH MIGHT BE STIPULATED BY ICAC OFFICERS FOLLOWING THE RELEASE ON BAIL OF AN ARRESTED PERSON AND THE ABSENCE OF ANY RESTRICTION ON THE PERIOD FOR WHICH A PERSON MIGHT BE KEPT ON BAIL, MR. HOBLEY SAID THE MATTER WAS UNDER CONSIDERATION.
/BARLIER