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

Because I agree with the PJCIS and I do not agree with the contrary conclusion of the human rights committee, for the reason that I have explained: different committees look at different issues from different perspectives. This is a piece of legislation which has a law enforcement and national security purpose. It has been examined by the PJCIS. That is a committee with the expertise in this particular field, and it is a bipartisan committee which has twice now unanimously reported on this. On the first occasion, the committee included Mr Wilkie, who you might recall is an independent member of the House of Representatives and who was once an analyst with the Office of National Assessments. On both occasions, the committee unanimously came to a view that the balances, the criteria, the architecture and the oversight mechanisms contained in this bill were appropriate.

You have referred to the issue of proportionality. I have pointed out to you how the issue of proportionality and the requirement, the actual statutory mandate, to have regard to the seriousness of the offence under investigation is actually included in the TIA act by this bill.