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

I take it from that that the answer is: ‘No, we’re not importing a reasonable person test.’ Therefore, in those instances we are not importing a reasonable person test. The Attorney-General maybe needs to go back to the start of law school, because he said:

Labor is saying it should only be taken into account how a reasonable person might see it—I think that’s a major weakness.

That is wrong, both in your view and in my view. What we now have is the government saying that in this instance the Attorney-General can put himself in the position of a mentally impaired person to determine whether that legislation would work and how the Classification Review Board would view it. I cannot do that, quite frankly. Maybe Senator Johnston can. In that respect, I cannot add any more. Our position would be to allow the Classification Review Board to determine it, as they argued in their submission.