George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I thank all honourable senators for their contributions to this debate. I thank the Labor Party for its support for this legislation. I will reply briefly to some of the observations from Senator Wright and Senator Waters. There is an old saying that if you live long enough you will see everything. But I never thought I would serve in the Senate long enough to hear members of the Australian Greens represent themselves to be champions of freedom of speech, because on every single occasion that the government has sought to advance the cause of freedom of speech it has found no more trenchant opponents than the Australian Greens. Whether the issue be the right of a diversity of voices to be heard in the climate change debate, whether the issue be the right of a diversity of voices to be heard in the same-sex marriage debate, whether the issue be the reform of section 18C of the Racial Discrimination Act—whatever the issue, I have never before seen a Greens senator take the side of freedom.

Senator Wright, you quote from a journalist called Mr Sparrow, who said the test of whether you believe in freedom of expression is whether or not it extends beyond your comfort zone, or words to that effect. Well, Senator Wright—if I may say so through you, Mr Acting Deputy President—might I invite you to apply that test to yourself. The test of whether you believe in freedom of expression is not whether or not it is for views that you find congenial. It is for whether or not you would extend the same right to views that you find uncongenial.

I turn now more specifically to the provisions of the bill. When one heard the rather excitable rhetoric of Senator Wright and Senator Waters—words like 'despotism' and 'tyranny' and all of that rather heated and overexcited language—one would have thought that a new dark age was about to dawn as a result of this bill, the G20 (Safety and Security) Complementary Bill 2014. It does help, if I may say so with respect, Senator Wright and Senator Waters, to read the bill first, because if you read the bill you would learn that the provisions of the bill extend to the precincts of the Brisbane airport—and only to the precincts of the Brisbane airport—for a brief few days during which the G20 is going to be held in the city of Brisbane. I am bound to say that I would not have thought that extending certain measures for a few brief days to the precincts of the Brisbane airport betokens or heralds the dawn of a new dark age in the state of Queensland.

But, of course, then the Greens senators say that the vice of this bill is not merely that it extends to the Brisbane airport but that it applies, and thereby implicitly endorses, the Queensland parliament's G20 (Safety and Security) Act 2013 and it is to that bill that one looks to find the real vice of the draconian provisions, these anti-freedom-of-speech provisions. What the Greens senators did not tell us is that the very basis of the G20 (Safety and Security) Act 2013 of the Queensland parliament is a guarantee of freedom of speech and of lawful assembly That is to be found in section 18 of the act.

There is one restriction which is a novel restriction—that is, people who wish to exercise the right of freedom of speech and freedom of protest are asked to do so in declared areas. I would have thought that as a matter of common sense when the leaders of the 20 most important nations in the world are gathered within one metropolis together with their entourages and the press of the world, as a matter of ordinary and sensible people management, requesting those who wish to exercise their right of free speech by way of protest do so in declared areas of the city is not a particularly unreasonable restraint. It certainly does not betoken despotism or tyranny, Senator Wright.

There are, however, in section 18 of the Queensland act, in which this Commonwealth bill would extend to the precincts of the Brisbane Airport, these other restrictions on assemblies: 'The assembly must not disrupt the G20 meeting'—is it suggested that there ought to be a right to disrupt the G20 meeting?; 'The assembly will not be lawful if an offence is committed by those participating in the assembly'—is it suggested by the Greens senators that it is some burdensome imposition on people's rights that their assembly is declared unlawful if it is used as an occasion or a venue or a pretext for the commission of criminal offences? An assembly is also not lawful if a 'violent disruption' is occurred by those participating. An assembly is also not lawful if it involves damage or destruction to property.

Those are the restrictions that are said to be so draconian and despotic that in a city which—and I am a citizen of the City of Brisbane, I might tell, you Mr Acting Deputy President—will never have been so busy, with the leaders of the world, we ask people who want to exercise their freedom to protest and object to whatever they may wish to protest and object to confine themselves to certain designated areas. I am a person who does believe in freedom of speech. I do not just invoke the rhetoric of it, like Senator Wright and Senator Waters did. I do not think that is an unreasonable restraint for a few days. Beyond that, I do not think committing offences, committing crimes, disrupting meetings, destroying or damaging property or engaging in the violent disruption of civil activities in a city are any part of a legitimate right of protest—nor would, I think, most people regard that as a particularly legitimate form of protest.

The right of freedom of protest and freedom of expression that you invoke—although you never observe in your own political lives—will be protected by this bill, but the government merely asks that those who wish to exercise that right do so in declared areas. That is the Queensland parliament's bill.

As I said a moment ago, the Commonwealth bill will merely extend those provisions to the precincts of the Brisbane Airport. Let me make a few more general remarks, by way of summing up. This bill will contribute to effective security arrangements for the G20 summit to be held in Brisbane later this year. The Prime Minister has described the G20 summit as the most significant gathering of leaders our nation has ever hosted, and so it will be. Leaders representing two-thirds of the world's population, 75 per cent of global trade and 85 per cent of global GDP will meet in Brisbane, in November, to shape the global response to the economic challenges we currently face.

There was some criticism by Senator Wright and, in particular, by Senator Waters that there were certain items that were not prioritised on the G20 agenda. Mr Acting Deputy President, as you, sir, would know, at each G20 the host nation designates certain themes that are to be given particular emphasis. This year, the Abbott government has identified the economic challenges faced by the G20 nations as the topics to be given particular emphasis. I doubt many sensible people would argue that the prioritisation of economic issues, particularly in the world's present economic affairs, is not a very sensible choice. The summit is an opportunity for Australia to play a leadership role in the world's response to global economic challenges. The summit will also put Queensland and my own home city, Brisbane, on the global centre stage, joining the echelons of elite cities that have previously hosted this event, such as Seoul, London and Toronto.

It is a privilege for Australia and Queensland to host an event of this magnitude, but this privilege brings with it a responsibility. Effective security arrangements will be a necessary component of ensuring the success of this event. The Queensland government has acted the legislation, to which I referred a moment ago, to give police and other authorised persons powers to protect our high-profile guests and the public during this important event. That includes powers that will apply at Brisbane Airport, which is a Commonwealth place. This bill does not extend the application of the Queensland legislation or the powers it confers. The bill will simply confirm that the provisions in the Queensland legislation and those in the existing Commonwealth aviation legislation apply concurrently at Brisbane Airport. It will also provide that in the event of any overlap the provisions of the Queensland act prevail.

I am at pains to point out, as I reminded honourable senators a moment ago, those provisions of the Queensland act include the statutory guarantee, under section 18 of the Queensland act, of a right of peaceful, lawful assembly and protest. The provisions will avoid confusion about the source of powers a police officer or other authorised person is using in a particular situation. The bill will sunset shortly, after the Leaders Summit.

The government is proud to facilitate and support the package of the G20 (Safety and Security) Complementary Bill 2014. The bill is an important contribution by the Australian government to ensure that legislative ambiguity does not impair the ability of police and others to guarantee the security of this important event, and the bill, by adopting the guarantees of freedom of peaceful protest in the Queensland act, will also serve the very value which Greens senators, in their contributions, have espoused. I thank senators for those contributions and commend the bill to the Senate.