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

Senator Leyonhjelm, I can give you my assurance that your amendment is entirely unnecessary. The arrangements for regional processing centres provided for by the Migration Act are subject to that act. No law can authorise what is, independently of that law, still an illegality under Australian law. There can be an exemption from liability, which was the special operation provision that we discussed in this chamber last year, but that is not this case. This case merely clarifies that existing powers have sufficient amplitude, but the existing powers must always be exercised lawfully. So your amendment, Senator Leyonhjelm, is unnecessary. I understand and appreciate the spirit in which you move it but, for the reason I have explained, the government will not be supporting it.