Supplementary Explanatory Memorandum(Circulated by authority of the Minister for Community Services, the Hon Larry Anthony MP)
Outline and financial impact statement
There are no financial implications from this amendment.
Notes on amendment
Schedule 6 to the Bill inserts into the Child Support (Registration and Collection) Act 1988 provisions for a departure prohibition order scheme for certain child support debtors. As part of the scheme, a person who is about to depart from Australia may be required, under proposed section 72U, to answer questions or produce documents for specified purposes. Proposed section 72V provides that the person is not excused from such a requirement on the basis of the privilege against self-incrimination. Section 72V also basically provides, however, that any information or document obtained as a direct result of complying with such a requirement is not generally admissible in evidence.
Current Commonwealth criminal law policy (as reflected in other comparable provisions) suggests that the latter provision should in fact refer to any information or document obtained as a direct or indirect result of complying with such a requirement. The two words are absent from the current version of section 72V only because of an unintended drafting omission.
Accordingly, this amendment inserts the words, bringing the provision into line with current policy and comparable provisions.