Senate debates

Tuesday, 5 December 2023

Questions without Notice

National Security

2:15 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Hansard source

I again point out that the opposition, in their desperate attempt to make sure this is about them and the fight they want to win, asserts that the government decided. The government did not decide; the High Court decided. Words matter. I know that you wish to use words because you're trying to engage in a political attack, but the High Court decided and made a decision that was argued against by the government.

The second point I'd make on the assertion that Senator Birmingham makes and Senator Cash makes—that this was all predictable—is that this was a 20-year precedent. Even privately across the chamber, those opposite expressed a view about the High Court decision that was the overturning of a 20-year precedent. We all know that the opposition is only interested in fighting about this. The government is focused on working to fix it. That is the difference between the two parties.

I again remind those opposite that the High Court's reasons for decision, which enable us to properly draft a preventive detention regime, were handed down last week. We are still waiting for your support for that. We still note that you voted with the Greens against legislation to improve the stringency and to increase the safety that the legislation would provide to the Australian community, and you still haven't explained to the Australian people why you did that. We also know that this legislation will come in— (Time expired)

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