House debates

Thursday, 10 December 2020

Bills

Australian Security Intelligence Organisation Amendment Bill 2020; Consideration in Detail

10:51 am

Photo of Adam BandtAdam Bandt (Melbourne, Australian Greens) Share this | Hansard source

I rise to support these amendments for the reasons that the shadow Attorney-General has put forward. They're good reasons. I'm sure the shadow Attorney-General was putting them forward as a good-faith attempt to address a real problem with the bill. In doing so, the amendments nail the problem with the bill and the reason it shouldn't pass. So, while I support these amendments, I suggest to the House that if the amendments fail, the bill itself should be defeated.

What the amendments seek to do is ensure that we don't move to a situation where a minister has unfettered power and is able to issue warrants that are not supervised by an issuing authority. That would be a huge, huge step. I think it speaks volumes that the minister hasn't bothered to respond to the amendments and explain why it is that all of a sudden we should remove the role of a judge or an issuing authority. He can't bring himself to make a contribution on that front. These amendments highlight that the bill is, in effect, a big power grab to entrench in ministers powers to do things that would otherwise be unlawful—namely, bring someone in for questioning, hold them, seize them, without having to go to a judge to seek permission.

I respect the shadow Attorney-General and I respect the reasons for putting the amendments forward, but I would suggest that in putting them forward he's put his finger on one of the big problems with the bill. If these amendments fail, the bill itself should be opposed.

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