David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

Mr President, my question is to the Minister representing the Minister for Justice, Senator Johnstone. I note Queensland's G20 legislation, which grants the police powers to conduct strip-searches to exclude people from places—that include their homes and workplaces—and to disclose personal information to foreign police forces. I also note the government's proposal to give Queensland's G20 legislation precedence over Commonwealth law at Brisbane Airport during the G20 event in November. Could the minister please advise the Senate which specific powers, granted under Queensland's G20 legislation, attracted the government to this approach?

David Johnston (WA, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I thank Senator Leyonhjelm for the question. It is a very important question. When Australia is on the international stage, as it will be between 14 and 17 November for the G20 Leaders Summit in Brisbane, it will be an extremely important event for Australia. The leaders of the G20 countries do require and will need special security measures to be undertaken, so Queensland has enacted the G20 (Safety and Security) Act 2013 to ensure that police and other authorised persons have sufficient powers to maintain safety and security at the summit.

Senator, I do not think that any of the matters you have mentioned are particularly out of the ordinary, when I know some of the laws that I grew up with in Western Australia enabled the police to take on certain powers in certain circumstances. The Queensland act is similar to arrangements for previous special events in Australia, and I have a list of events including CHOGM in Perth and a New South Wales event in the recent past, APEC, in 2007. The powers under the Queensland act are exercisable for a very limited period and, indeed, they grandfather on 18 November. The powers—whilst they are very important and powerful matters empowering federal and state police—are entirely necessary and are specifically focused on security for the summit.

I do not believe, Senator—and I share your concerns when sweeping powers are given to authorities—these are offensive to the ordinary Australian way of understanding the distribution and exercise of authority in circumstances where we have the world's most powerful leaders in our country. (Time expired)

David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Could the minister please advise whether the government supports the presumptions against bail, the restrictions on assembly and the reversals of the onus of proof included in Queensland's G20 legislation?

David Johnston (WA, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

Again, Senator, I thank you for raising that. These are very important issues. We do support them. We do support those matters as our terrorist laws convey similar powers and authorities. When you have an urgent security requirement, the police—in this instance, the Queensland police and the Australian Federal Police—must have the confidence that the authority flowing from this legislation gives to them to immediately arrest, and I mean that in a general sense, the risk of harm to our special VIP visitors.

We do not undertake these matters lightly. These matters have been through a whole host of scrutinies at a federal and, indeed, parliamentary level, with the Scrutiny of Bills Committee reviewing all of these very closely. I believe they are satisfactory laws and, given that they will end on 18 November, I think they are satisfactory. (Time expired)

David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

Mr President, I have a further supplementary question. Could the minister please advise whether the government is concerned that giving precedence to Queensland's G20 legislation, which includes any regulations that are yet to be made by the Queensland government, gives a blank cheque to the Queensland government to go beyond the provisions already in place?

David Johnston (WA, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

Again, this is an important issue. I said to you the act will be in effect from 14 to 17 November and will sunset—I said 'grandfather', sorry—on 18 November. When I first came across this legislation and the powers, I shared your concern. When I looked at the way there will be public announcements surrounding the scheduling and the arrival and the movement of these dignitaries I was—on the security side of the coin—concerned that the authorities had the necessary powers to deal with this particular event. I am satisfied. I think the parliament should be satisfied. I think you asked a good question—series of questions—that we all must consider. I think the matter is well in hand, for due process, in these circumstances.