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

Senator Xenophon, I will not comment on an individual case where there has not thus far been a prosecution. It is just not appropriate for me to do that. The legislation applies to the conduct defined in it and, where a person has engaged in that conduct, then the consequences that the legislation provides for may follow. They do not necessarily follow because there is a ministerial power of excusal in relation to section 33AA and section 35 and there is a ministerial discretion to be exercised under section 35A, but the consequences may follow where conduct is engaged in of the kind described by the legislation.