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

That would be a judgement for the Department of Foreign Affairs and Trade to make. Obviously, because we are talking about geography here, areas will be defined by descriptions of a location. In my view, the description of the location should be as specific as possible to give people as much guidance as possible. I take your point about the mobility of modern warfare. There is, of course, a lot of immobility in warfare as well, as we have seen in more recent wars, but, in a highly mobile environment where, for example, the front changes often, obviously that will require a judgement to be made on a case-by-case basis as to whether or not a particular locality should be added to the list.

I think we are a little bit jumping at shadows, Senator Wright. I said at the initial press conference with the Prime Minister on 5 August that I expected a provision like this would be used very sparingly. I remain of that view. It is, as you rightly say, an unusual provision. A decision, not by me but by the foreign affairs minister, to make such a declaration would be made on the best advice of the Department of Foreign Affairs and Trade and perhaps, I dare say, the Department of Defence and the description of the area would be a geographical description.

The CHAIRMAN: Senator Wright, before I give you the call, it was with the indulgence of the chamber that we moved away from the running order and I wonder if you might give an indication of what time you think we will bring this question to a close.