Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

I also rise to speak on the Civil Law and Justice Legislation Amendment Bill 2017, which, as senators would know, is an omnibus bill that seeks to amend 10 pieces of legislation administered by the Attorney-General and make consequential amendments to nine acts administered within other portfolios. The majority of amendments in this legislation are largely or predominantly technical in nature; however, some amendments, particularly in relation to the Family Law Act 1975 and the Bankruptcy Act 1966, have been of concern to stakeholders.

As we heard from the previous speaker, the bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee, which reported halfway through last year, in May. The committee made five recommendations, four of which proposed additional amendments to the bill: firstly, to reflect the recommendation of the Law Council in relation to the proposed bankruptcy amendments; secondly, to amend the Family Law Act 1975 to include a defence of fleeing from family violence to ensure that the existing and proposed offences of unlawful removal and retention of children abroad do not apply in circumstances where there is family violence; thirdly, to amend the Family Law Act 1975 to include a defence of consent to ensure that the existing and proposed offences of unlawful removal and retention of children abroad do not apply in circumstances where written consent has not been given but where there is oral consent or some other form of consent; and, fourthly, to amend the Family Law Act 1975 to limit arrest powers and use of force so that they apply only to employees of the Australian Border Force who have received appropriate training. These amendments, as the Greens understand it, are being moved by the government and would implement the recommendations made by the Senate committee on legal and constitutional affairs. I can indicate that the Australian Greens will be supporting the amendments.

In relation, briefly, to the amendment put forward by Senator Leyonhjelm, it is fair to say that those issues were comprehensively examined during the debate at the end of last year on marriage equality. That amendment will be opposed by the Australian Greens.