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

I am sorry if I cannot assist you, Senator Leyonhjelm, but I did try in my summing up speech to explain the way in which this provision will operate, and I thought you did gather that it applies only to people who within the last 10 years have been convicted of an offence with imprisonment for at least 10 years. I must confess that I am not the draftsman of the explanatory memorandum, but I think the point that the draftsman is trying to make in paragraph 205 is that this is not a provision like a retrospective provision, which creates a liability which did not exist before. This only operates in relation to people who have committed an offence which was a pre-existing offence. So the retrospective element, if you like, of this provision is the visiting upon such a person of a new consequence, not the creation of a new offence.