Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Hansard source

It might be worthwhile for Labor to put its position on the amendment moved by Senator Murray requiring a statement of reasons. It might surprise Senator Murray, but Labor will support that amendment. It should not, though, come as a surprise; I think it is a reasonable amendment. If there is an ability to provide a statement of reasons then it should be provided, for transparency and clarity, so that you do not simply get a bureaucrat saying no—because, unfortunately, you then end up with a brick wall and difficulty in finding an answer. Given the range and nature of Customs’ work, you understand that Customs should be able to control an area which is Customs controlled according to section 234AA of the Customs Act. But if they are going to use these powers they should have, and should be required to provide, a reason.

Now, this might extend further or more narrowly than Senator Murray might have provided for, but if that reason goes to issues like security and national security, which I think the minister mentioned, then the statement of reasons should at least say that. It should at least say that that is where the problem exists. It might not then have to go to the detail of all of the reasons that underpin the simple reason that it is a national security or security related issue. You can usually provide a shortened phrase, enough to give the person an explanation.

The explanation might be that the card is cancelled or no longer valid—it could be a range of matters—and the person can go along and remedy the situation. Or it might be an area where there is a significant problem and you may not want to enliven the issue. Then you can provide a shorter statement. In this instance the onus needs to be placed on the person controlling the area to provide a statement. It seems a reasonable way of going about it. I will not add any more to that. In all of these things when decisions are made it does help that people understand the basis for them.