Senate debates
Tuesday, 19 November 2024
Committees
Legal and Constitutional Affairs Legislation Committee; Reference
3:43 pm
Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source
On behalf of Senator Green, I move:
That the provisions of the Migration Amendment Bill 2024 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2024.
Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source
I seek leave to make a short statement.
Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source
We support the referral. Since the High Court held that forced ankle bracelets and curfews on ex-detainees are unconstitutional and punitive in the case of YBFZ, the government has indicated it wants to legislate to empower the minister to enforce these measures for the purpose of achieving safety in the community. This bill will fail for the same reason the High Court held in YBFZ. What is needed is legislation to widen the power of the judiciary to order these measures instead of leaving it to the minister who is part of the executive, thereby ensuring the separation of powers.
3:44 pm
Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source
by leave—I move:
Omit "26 November 2024", substitute "4 February 2025".
Just so folks are clear, the amendment omits the words 26 November 2024 and substitutes instead 4 February 2025.
Sue Lines (President) Share this | Link to this | Hansard source
The question is that the amendment as moved by Senator McKim to business of the Senate No. 3 be agreed to.
A division having been called and the bells being rung—
Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source
President, you stopped me from going overseas next week, did you? You didn't even have the courtesy to tell me.
Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source
You stopped me from going overseas. Shame on you.