Private Security Personnel and Private Investigators Bill
The Speaker declared the House in Committee for consideration of the Private Security Personnel and Private Investigators Bill.
(In the Committee)
Clauses 1 and 2, Parts 1 to 6, and Schedules 1 to 3 read.
Part 1:
The following amendment was put:
Amendment set out on Supplementary Order Paper No 162 (Hon Nathan Guy).
Resolved, That the amendment be agreed to.
Resolved, That Part 1, as amended, stand part.
Part 2:
The following amendments were put:
Amendments set out on Supplementary Order Paper No 162 (Hon Nathan Guy).
Resolved, That the amendments be agreed to.
Resolved, That Part 2, as amended, stand part.
Part 3:
The following amendment was put:
New clause 65:
To insert a new clause 65:
65 Private investigator or employee not to take photographs or make recording without consent
(1)No person may, in the course of or in connection with the business of a private investigator,—
(a) take or cause to be taken, or use or accept for use, any photograph, cinematographic picture, or videotape recording of another person without the prior consent in writing of that other person; or
(b) by any mechanical device record or cause to be recorded the voice or speech of another person without the prior consent in writing of that other person.
(2)Nothing in subsection (1) applies to the taking or using by any person of any photograph for the purposes of identifying any other person on whom any legal process is to be or has been served.
(3)A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $20,000.
(4)No photograph or cinematographic picture, or videotape recording taken, or other recording made, in contravention of subsection (1) is admissible as evidence in any civil proceedings.
(5)This section may be repealed by Order in Council provided that no such Order in Council may be promulgated before legislation regulating surveillance by non- Government agencies has been considered by this House.
(Hon David Parker)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Resolved, That Part 3 stand part.
Resolved, That Part 4 stand part.
Resolved, That Part 5 stand part.
Part 6:
The following amendments were put:
Amendments set out on Supplementary Order Paper No 162 (Hon Nathan Guy).
Resolved, That the amendments be agreed to.
Clause 106A:
To omit subsection (3) (Hon David Parker).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Resolved, That Part 6, as amended, stand part.
Resolved, That Schedule 1 stand part.
Resolved, That Schedule 2 stand part.
Resolved, That Schedule 3 stand part.
Resolved, That clause 1 stand part.
Clause 2:
The following amendment was put:
Amendment set out on Supplementary Order Paper No 162 (Hon Nathan Guy).
Resolved, That the amendment be agreed to.
Resolved, That clause 2, as amended, stand part.
The Chairperson announced that the bill would be reported with amendment.