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

I might take the opportunity, if I may, to indicate the government's attitude to the Greens' amendments. These amendments will all be opposed. The government opposes Greens' amendment (4) because although the amendment would, as Senator Wright has said, implement the time period suggested by the Independent National Security Legislation Monitor; what she omitted to say is that the INSLM also noted in his report that his suggested time frames were 'somewhat arbitrary' and should be 'the subject of further discussion'—his words, not mine.

After further discussions with agencies, it was concluded that an initial suspension period of 48 hours, up to a maximum of seven days, would be too short to give practical effect to the suspension power. In its report on the bill, the PJCIS considered that the 14-day suspension period appropriately balances the need to allow sufficient time for ASIO to conduct a full assessment of the person with the impacts on the individual passport holder concerned. The government also opposes amendments (5) and (6) among the Greens' amendments. Those amendments would allow an officer of ASIO to make a request for the suspension of a person's Australian travel documents. They are not necessary, as government amendments to the bill implementing PJCIS recommendation 26, with which we have dealt, will limit the requesting authority for the suspension of a person's Australian travel documents to the Director-General of Security. The Director-General may delegate this power to a Deputy Director-General of Security.

I might say, in passing, that it rather surprises me, given the overall position that the Greens party has taken in relation to this bill, that they would allow for a much wider delegation of power—as their amendments contemplate—than the much narrower and more heavily safeguarded provisions of the government's amendments, which confine the requesting authority to the Director-General of Security or to one of the Deputy Directors-General of Security.

The government also opposes Greens amendment (7), which will allow an officer of ASIO to apply for an extension of the suspension of a person's Australian travel document, for the same reasons as our opposition to amendments (5) and (6). The government opposes amendment (8), which is consequential upon proposed amendments (5) and (6).