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

Senator Xenophon, it is a completely absurd question, with respect, because the issue has not arisen in judicial proceedings internationally or domestically since January 2014. So no occasion has arisen. Mr Gleeson is the senior legal representative of the Commonwealth of Australia in proceedings in the High Court and, on this occasion, in the International Court of Justice. He made some submissions on the consequences in Australian domestic law in the event that certain allegations were established. Those submissions were correct. If the elements of a particular criminal offence were in a given case established, then the person who engaged in that conduct would, at least prima facie, be considered to have committed that crime. It is no different from any other criminal offence. What Mr Gleeson was saying is that, if certain facts where shown, then certain legal consequences would follow—nothing more than that.