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

There are three answers to that, Senator Lambie. First of all, the test for withdrawing a passport is a different test from the test for commencing a prosecution. There must be a reasonable belief held by the foreign minister, who is the minister of the government who cancels passports, and the Attorney-General must advise the Foreign Minister to that effect. The test for a criminal prosecution, of course, is proof beyond reasonable doubt, which is a much higher threshold. Secondly, as I indicated in my answer to your primary question, the relevant offences in the circumstances you have described are much more specific than treason and sedition, and I mentioned what the particular offences would be. Thirdly, Senator Lambie, in our system—except in very rare circumstances—the Attorney-General has no involvement in the decision to initiate a prosecution. That is a matter for the Commonwealth Director of Public Prosecutions.