Penny Wright (SA, Australian Greens) Share this | Hansard source

I want to indicate that the Australian Greens will be supporting Senator Leyonhjelm's amendments in relation to the delayed notification search warrant regime. This regime really is unprecedented in many ways in that it allows someone's premises to be searched and that they would be unaware of the basis and authority for the search, and they would be unable to challenge or make a complaint about the issue of a warrant to allow it, or about the method of execution. In fact, they may not even become aware of the fact that someone has been in their premises for up to six months. Perhaps even more alarming—police would be allowed to enter premises by the premises of a third party to whom no concern or interest attaches at all, except that their premises are attached to the premises to be searched.

In scrutinising these sorts of provisions I am always conscious of taking the frame that, while we need to ensure that we can be protected from people who have malicious intent, and as careful as processes might be, we cannot assume that the person whose premises are searched is always the right person—that there is always, in fact, a legitimate reason to search those premises. So I am always conscious about how this will impact on people who happen to be caught up in a regime which is so intrusive. The Australian Greens will support Senator Leyonhjelm's amendments because they aim to ensure that someone who discloses information about a delayed notification search warrant as a matter of public interest, or who is a whistleblower, is not caught by criminal offences that prohibit disclosure of the search information in the bill. I am also satisfied that it is appropriate to have a sunset clause to the regime that is consistent with sunset clauses for other aspects of the bill, where we have such unprecedented and intrusive incursions into the liberties of people living in Australia.

The CHAIRMAN: The question is that amendment (1) on sheet 7597 be agreed to.