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

I am not the author of those words. The authors of those words are the PJCIS. I think I understand the purpose or motive of those who made the recommendations—that is, to allow for a regulation-making power in circumstances where the development of technology means that the efficacy of the data-retention regime would be compromised were the ordinary parliamentary processes to be observed. That is why the bill has been drafted in this manner.

It is a provision that will operate in unusual circumstances. 'Emergency circumstances' is not a lawyer's term of art. Senator Wright, your colleague is always urging further definitions. At the end of the day, we are all limited by the English language and we cannot pursue an infinite regression through the thesaurus. Where words have a reasonably commonly understood English-language meaning, in my view, we ought to leave it at that. Where they are technical terms, perhaps they can be understood by reference to the technical language of their particular discipline. Emergency circumstances is a flexible concept but the mischief it seeks to address is circumstances where a development might occur so rapidly that it derogates from the efficacy of the regime.