Senate debates

Thursday, 16 November 2023

Bills

Migration Amendment (Bridging Visa Conditions) Bill 2023; In Committee

6:56 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

The short answer is that, yes, the minister was being accurate in making those remarks, and, as I think has been pointed out to the opposition, our view is that the more amendments that are added to the legislation, the greater the constitutional risk. We have at all times tried to act in a manner that ensures that any amendments made to this legislation or to deal with this matter are constitutional. But we also recognise the need to move and get this legislation through.

We are satisfied with the constitutionality of the amendments that are being put tonight, but, as I've made clear, in the absence of reasons from the High Court, we are all doing the best we can, in compliance with legal advice, to ensure that any amendments that are being considered by the chambers are constitutional. It is possible that, once the reasons of the High Court are released, adjustments might be needed to these amendments to comply exactly with those reasons. But, of course, we don't think that it's tenable to wait until those reasons are completed before we do the very best we can, in terms of legislative amendments, to keep the Australian people safe.

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