Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

At the request of Senator Paterson, I move:

That there be laid on the table by the Minister representing the Minister for Immigration, Citizenship and Multicultural Affairs, by no later than midday on Friday, 24 November 2023, any emails, file notes, briefing materials and other written correspondence provided to the Minister for Home Affairs, the Attorney General or the Minister for Immigration, Citizenship and Multicultural Affairs prepared in anticipation of the possibility of the High Court making a decision with respect to NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor, which found that sections of the Migration Act that had been interpreted to authorise the ongoing detention of the plaintiff NZYQ were beyond the legislative power of the Commonwealth.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

by leave—I move an amendment to the motion:

(1) Omit all words after "making a decision with respect to", substitute "Plaintiff M47/2018 v Minister for Home Affairs and NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor, that the ongoing detention of the plaintiffs in those matters was beyond the legislative power of the Commonwealth".

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment as moved by Senator Chisholm be agreed to.

Question agreed to.

I'll now move the amended motion. The question is that general business notice of motion No. 392, standing in the name of Senator Paterson and moved by Senator Askew and amended by Senator Chisholm, be agreed to.

Question agreed to.