Message from the Assembly notifying that it had agreed to amendment 2 made by the Council, and had disagreed to amendment 1 and had proposed a substitute in its place, now considered.
The Deputy Chair of Committees (Hon Martin Aldridge) in the chair; Hon Sue Ellery (Leader of the House) in charge of the bill.
The Assembly’s substitute amendment in place of the Council’s amendment 1 was as follows —
Clause 11, page 8, after line 6 — To insert —
66D. Annual report to include information about application of s. 66C
(1) In this section —
accountable authority means the accountable authority, as defined in the Financial Management Act 2006 section 3, of the department of the Public Service principally assisting in the administration of this Act;
protected information means information the disclosure of which would contravene a written law or an order of a court;
sensitive information means information the disclosure of which could reasonably be expected —
(a) to prejudice national security; or
(b) to endanger a person’s life or physical safety; or
(c) to threaten significant damage to infrastructure or property; or
(d) to prejudice a criminal investigation; or
(e) to reveal intelligence-gathering methodologies, investigative techniques or technologies or covert practices; or
(f) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement.
(2) Subject to subsections (7) and (8), the accountable authority must, in each annual report submitted under the Financial Management Act 2006 Part 5 Division 2, include information relating to action taken under section 66C(1) in proceedings on a case for bail in the financial year to which the annual report relates (reportable information).
(3) Reportable information must, without disclosing terrorist intelligence information, specify —
(a) the number of proceedings in which action was taken under section 66C(1); and
(b) in each of those proceedings whether the accused had access to the terrorist intelligence information received by the judicial officer and whether —
(i) evidence by or on behalf of the accused was received; and
(ii) argument by or on behalf of the accused was heard.
(4) Prior to submitting an annual report, the accountable authority must give a copy of the reportable information they propose to include in the annual report to the Attorney General and the Commissioner of Police.
(5) The Commissioner of Police must advise the Attorney General whether any of the reportable information, in the Commissioner’s opinion, is or is likely to be sensitive information.
(6) A judicial officer may advise the Attorney General of any reportable information that, in the judicial officer’s opinion, is or is likely to be protected information.
(7) If the Attorney General is, on advice provided under subsection (5) or (6), satisfied that some or all of the reportable information is sensitive information or protected information, the Attorney General must direct the accountable authority to —
(a) exclude the information from the annual report; and 
(b) insert a statement in the annual report to the effect that information has been excluded from the report under this section.
(8) The accountable authority must comply with a direction under subsection (7).
Hon SUE ELLERY — without notice: I move —
That the Council does not insist on its amendment 1, and agrees to Legislative Assembly substitute amendment 1.
Comments and speeches from various members
Hon ALISON XAMON: I rise to indicate that I support the proposed amendment. I note that this is a slight rewrite of the intent of the original amendment I moved, which was agreed to by the chamber. I note that at the time I moved the amendment, the government responded that it could not possibly be accommodated, but of course it could. It is pleasing to see that the government has now realised this. I am quite comfortable with the way it has been re-drafted, noting that my original amendment had also been drafted by parliamentary counsel. Because the intent has not been altered, I am quite happy to support this.
Comments and speeches from various members
Question put and passed; the Assembly’s substitute amendment agreed to.
Resolution reported, the report adopted, and a message accordingly returned to the Assembly.