Senate debates

Thursday, 25 July 2019

Bills

Counter-Terrorism (Temporary Exclusion Orders) Bill 2019, Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019; In Committee

4:13 pm

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

I'm glad that Senator Patrick has finally understood the modern Labor Party! But to Senator Keneally: like Senator Patrick, I do thank her for that constructive contribution. It didn't escape my notice that you included membership of the committee in the things that the ALP may be willing to consider. Of course that's the matter that our amendment, which we'll shortly debate, deals with.

But with regard to Senator Patrick's amendment, I'm pretty bored of saying this but I'll say it again: in the last 20 years, there have been more than 200 pieces of legislation in this country that have overridden fundamental rights, freedoms and liberties. We remain the only liberal democracy in the world that does not have a charter of rights or a bill of rights to protect our citizens' rights. This legislation, brought in by the government, supported by the Labor Party, sets up a minister as judge and jury. It undermines the rule of law. It sidelines our judicial system. On that basis, I think it's highly likely to be found to be unconstitutional, so I do predict that this bill will go down in the High Court at some stage. But, for the reasons that we are seeing this ongoing erosion of rights and freedoms and the slow march down the very dark and dangerous road to a police state in this country, we need to make sure oversight provisions are strengthened. Senator Patrick's amendments do that, and on that basis they will be supported by the Greens.

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