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

I usually respond to Senator Stott Despoja in these debates. The opposition will not support the amendments. The argument that the minister raises is sound. The opposition have confined ourselves to certain matters, and you obviously would be aware of the position we have adopted, Senator Stott Despoja. The Labor Party have looked at the committee recommendations; we have asked questions about them and received submissions on them. The committee came to a unanimous position about those recommendations to try to improve various parts of the omnibus bill and the various schemes within it. It would not come as any surprise to Senator Stott Despoja that, in this instance, we would confine ourselves to those recommendations. The earlier part of the proceedings was then to sort out which ones were accepted or rejected by the committee, which ones the government has now moved and accepted and which ones the Labor Party no longer need to move here. We will still be moving the remainder of our amendments. We understand in principle the position that Senator Stott Despoja has put but note that, without significant scrutiny of them, the Labor Party cannot find our way clear to support these amendments.

I seek leave to move together opposition amendments (2) to (4) on sheet 5190.

Leave granted.

I move:

(2)    Schedule 1, item 1, page 15 (line 29), after “has effect for”, insert “the lesser of three months or”.

(3)    Schedule 1, item 1, page 17 (after line 23), at the end of the section 15GQ, add:

        (3)    Nothing in this section permits an authorising officer to extend the duration of an authorisation beyond three months from the date of the initial authorisation.

(4)    Schedule 1, item 1, page 17 (after line 23), after section 15GQ, insert:

15GQA  Extension of authorisation

        (1)    An authorisation expires in accordance with section 15GN unless, while the authorisation is in force, a nominated Tribunal member has:

             (a)    reviewed the authorisation; and

             (b)    decided that the authorisation should remain in force for a longer duration.

        (2)    The authorisation must be reviewed by a nominated Tribunal member within two weeks before to the date on which the authorisation would expire without an extension granted under this section.

        (3)    The nominated Tribunal member must not extend the term of the authorisation under this section unless the Tribunal member is satisfied on reasonable grounds of the matters described in subsection 15GH(2).

        (4)    The nominated Tribunal member must not extend the term of any authorisation beyond one year from the date of the commencement of the authorisation.

15GQB  Who are nominated Tribunal members?

        (1)    A nominated Tribunal member is a member of the Administrative Appeals Tribunal in respect of whom a written nomination by the Minister is in force that permits the member to conduct reviews and to make decisions under section 15GQA.

        (2)    The Minister must not nominate a person unless the person:

             (a)    is a Deputy President or full-time senior member; or

             (b)    is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory and has been enrolled for at least 5 years.

        (3)    A nominated Tribunal member has, in conducting a review or making a decision under section 15GQA, the same protection and immunity as a Justice of the High Court has in relation to a proceeding of that court.

These deal with controlled operations and the requirement for the AAT to authorise extensions. The government’s position is that they oppose these amendments and have provided that extensions for longer than 12 months are required to be authorised by the AAT. These amendments are superior to the position that is indicated by the government. These amendments ensure that there is sufficient oversight. One of the problems that has been identified in this bill—in some parts—is the degree of oversight that is required to ensure that all of the provisions have adequate safeguards within them. I seek the support of the government on these amendments, although it may fall on deaf ears.