Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I certainly take issue with one thing that Senator Murray has raised, and that is the notion of the government not accepting proposed amendments which do not originate from the government. I stand by my record as a minister who has looked closely at Senate committee recommendations and accepted them for legislative amendment where they were considered to be of value. I think that there have been many occasions in my ministerial responsibility where I have accepted the recommendations of Senate committees and then had them drafted in an appropriate form by way of amendment to government legislation. Of course, amendments from other parties in the chamber which do not necessarily reflect Senate committee recommendations are another issue. I think it is unfair to say that the government just does not accept any suggestions which are not of government origin. I look very closely at Senate committee recommendations and I think I have a strong record of taking them on board and putting them into government amendments.

In this case, I have outlined the reasons why the two recommendations cannot be accepted. Democrat amendment (2) is not considered appropriate because, under the Administrative Decisions (Judicial Review) Act 1977, all decisions of Customs are subject to judicial review unless specifically excluded. That means that these decisions are subject to the Administrative Decisions (Judicial Review) Act. There is nothing in this bill which excludes those decisions; they are subject to that review. I sought advice, especially in view of the proposed amendment, and I have been advised that that is the position. It is the view of the government that the very principle that Senator Murray is pursuing here is provided for in current law. That is why the government does not agree to the Democrat amendment either in its current form or in the other form that has been foreshadowed. But I remind the Senate that there have been many occasions over the years where I as a minister have accepted Senate committee recommendations which have been supported by other non-government senators and they have been put into government amendments to legislation.