Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

The Attorney-General correctly indicates that that is in the original legislation. Other examples include working in a professional capacity as a journalist, performing an official duty of the United Nations or an agency of the United Nations, or making a bona fide visit to a family member.

This goes to a broader question—I appreciate that the Attorney-General's advice is different—which is about the roles of the legislature and the courts. Are we seriously saying that we do not trust the courts to assess the particular factual circumstance that is presented to it, and make an appropriate judgement as to whether those facts ground a legitimate basis for the defence that parliament has prescribed? I think we should give the courts that opportunity. I commend the amendment to the chamber.